How do I get a divorce?

[thebountymuncher]

Sorry to be dim, but I have no idea where to start!

I've been separated for 2 years,and from what I can gather, can now file for divorce.
But how....?

I've googled but I'm just getting myself all confused. Can't work out whether I need a solicitor or not, how much it'll cost etc

We have children.

Is anyone able to explain things to a fluffhead?

Thankyou in advance!

I'd charge around £1200-1500 for a divorce including court fees. Can't imagine there'd be much difference elsewhere. The main cost is sorting out finances. If you can't agree, that will cost alot more.
The court service do guides to divorce. They are on their website.

Me and exh are doing it ourselves. straightforward, download and print the forms, also print a guide to the jargon... the one petioning for divorce fill them in, sends them off and pays court fee, they then notify him and if you are agreed on finances, child maintenance and the like then it's just a case of him signing and sending it back.

I've been told even very straightforward, all agreed ones take up to months though.

oh and the court fee is £395 but there is funding available if you are on a low income or benfits.

If you're in a jointly owned property I'd recommend going to a solicitor. If your finances have been separated already, maintenance is being paid, arrangements for the children are in place etc then you can download the forms and do it yourself.
Call the court service too, they are incredibly helpful ime.

Resolution, just to be clear, are you holding yourself out as a legal professional of some description by mentioning fees?

Can you please describe your qualifications and give an indication of the areas of your practice expertise.

Brilliant, doesn't sound too tricky- thankyou all.

We don't own any property and child maintenance is being paid, although is still a bit hit and miss.

Will give the court service a call too, thanks again.

Seems less daunting knowing others have been through it (if that makes sense) I'm not feeling so overwhelmed now

I am a family law solicitor. I am not trawling for business - just setting out the options anyone has to seek advice or do it themselves.

I wouldn't recommend anyone sorts out the finances themselves. This isn't simply a question of form filling. It involves technical drafting of a court order.

I totally agree with Resolution (am also a family lawyer catinthehat, just in case you want to know my qualifications)

It is of course possible for parties to act in person with regards to the divorce itself however I would strongly recommend instructing lawyers to finalise the ancillary relief (finances). I think we've all seen people come unstuck when they think they have a legally binding agreement only to find out a few years down the line that they haven't. It is worth spending a bit of money on getting a properly drafted Consent Order ratified by the Court.

OP, as you have been separated for 2 years, assuming your husband consents to a divorce you can commence proceedings on the basis of 2 years separation and consent. If he doesn't consent, you will need to consider the other options.

As others have said, you can get the forms yourself from the Court office together with simple instructions on how to complete them. Court staff are usually quite helpful although they cannot give legal advice. As lubeybooby has said, if you are on benefits or a low income you may not have to pay the Court fees. You will need your original marriage certificate so make sure you have that to hand or else apply for a copy.

HTH

Just marking my place

Sorry naughty

Thanks again everyone, H is working abroad now so I'll have to wait for him to get back, and will sort things from then.
I am on low income, so grateful to hear I might not have to pay court costs.

He isn't though- would that make a difference?

No - if you divorce him you pay the court fee or claim exemption on the basis of your low income.

Brilliant, thanks Resolution.