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01778 230 030 enquiries@hegarty.co.uk
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  • 16 Feb 2022

    Can I get a Divorce without going to Court?

    If the Divorce is agreed between you then you don’t need to attend Court. However, in order to get a Divorce you still need to follow the legal process. The Divorce Petition will be issued at Court and a sealed copy of the Divorce Petition will be sent to your husband or wife and they will have to complete an Acknowledgement of Service form and return this to the Court.The Court will then forward to you their Acknowledgement of Service form and you will then make an Application to apply for a Decree Nisi which is the half ways stage of the Divorce. At this stage the Judge will consider the Divorce papers to determine whether or not your divorce may proceed. If all the paperwork is in order then the matter will be listed for a court hearing to pronounce the Decree Nisi, which you don't have to attend. Once the Decree Nisi has been pronounced you have to wait six weeks before you can apply for the final Divorce Certificate called a Decree Absolute.Your Divorce can be dealt with on paper or online without your attendance at Court being required.However, if there is a disagreement in that one party doesn't agree to the Divorce, then both parties will have to attend a Court Hearing.

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