How do i go about getting a divorce?

[allgonebellyup]

hi, some of you may already know my story; split with ex in April, then he got someone pregnant straight away and now lives with her.

i saw a solicitor briefly who told me i have grounds to divorce him for adultery, as he is still legally married to me.
How do i go about starting the divorce, and will it be more complicated than a divorce where you wait 2yrs after separating and then both consent to it????

Also, cost??

If you can sort out things like finances, childcare etc first, between you then this makes it easier when you go to a solicitor. It will also cost less this way. Raising an action for divorce is quite easy especially if you both consent to it. I am in Scotland and the law changed last year wrt to time frames. It is now 1yr with consent and 2yrs without consent.

so its not the same in england?

I think it's longer for just separation without consent in england

I think it may be. Your solicitor would be able to tell you, or maybe someone will come along who can help.

Prob better posting this in the 'legal' section as you may get more responses. And there are a few good lawyers on MN who can advise you.

Sorry to hear about this though... I have been through this and it is crap!

allgone - if you've been married for a year or more, you can divorce him now on the basis of his adultery provided he admits it, or his unreasonable behaviour provided he admits it. Otherwiuse you'll have to wait until you've been separated for 2years (with agreement) or 5 years without.

Agree its better to try to agree children/finances yourselves if you can (or go to mediation to try to reach agreement)

The factor which you use to get divorced doesn't make any difference to procedure/children/finances.

Depending on your circumstances, you might be entitled to legal aid. You may or may not have to pay this back, but the costs incurred would be at a much lower rate than private paying.

Does it cost less if you go for the 2yrs separation, or does it not matter?

It won't make any difference to costs.

The key to keeping costs down is to agree a lot yourselves. This way you avoid numerous letters/phone calls etc between lawyers. I am not sure about the cost for a divorce. In Scotland there are simplified procedures depending on the circumstances. A lawyer would be able to advise you of how much they would charge. Is there a chance that a)your h would agree to the divorce and b)can you sort out stuff between the two of you?

You should really contact a lawyer and have a brief meeting to over your options. You may qualify for legal aid so this will keep your costs down. Legal Aid works differently in Scotland so I will not advise you about that as it may just get confusing!!

If you decide to get a solicitor (whihc I would recommend), please go to www.resolution.org.uk and get one from their website.

Resolution?s 5000 members are family lawyers committed to the constructive resolution of family disputes. Our members follow a Code of Practice that promotes a non-confrontational approach to family problems. members encourage solutions that consider the needs of the whole family - and in particular the best interests of children.