Q. Can I get a divorce?
A. The answer is yes, if you have come to the decision your marriage has irretrievably broken down and you have been married for a year.
Q. Can my spouse defend the divorce?
A. Yes, but defended divorces are not common and we can talk through various options with you to avoid such a scenario occurring.
Q. Can I avoid saying anything horrible in the divorce petition?
A. Divorce Proceedings based on “unreasonable behaviour” can be presented in such a way as to avoid further conflict or emotional distress. Equally, you could also consider instigating divorce based upon separation over a qualifying period such as 2 years.
Q. When I get my decree absolute am I divorced?
A. Yes, once you have Decree Absolute you are legally divorced (single) and should you so wish, are free to re-marry.
Spousal Maintenance on Divorce (FAQs)
Q. Is it available?
A. Yes, the court has the power to make this order in certain circumstances where your spouse is required to assist you with meeting your day to day needs.
Q. Will it be paid for the rest of my life?
A. Spousal maintenance for life is not a default position as there is an expectation for the recipient to become, if possible, financial independent. However the level of maintenance and length of time someone receives it are all down to the individual case.
Q. Will I get it whilst my children are small?
A. Whether you are entitled to spousal maintenance will depend on a number of factors that are individual to your case.
Q. Do I need to get a job?
A. Whether you “need” to get a job will be something that is considered during any discussions concerning the financial issues pertinent to your case. There remains an expectation however, that if possible, you should look to make the transition to financial independence as soon as is practicable.