What Happens When A Divorce Is Filed
Vanessa Lloyd Platt (Divorce Lawyer) gives expert video advice on: What happens if my partner contests the divorce?; Can I keep my married name? and more...
My partner has filed for divorce - what are my options?
If your partners filed for divorce, your options are as follows. You can either let the petition go through and not defend it. If your worried about the allegations being used in the finance or about your children, you can reserve your posistion.That means that you can say, I dont agree with the allegations, but I havent got the money to defend it and I reserve the right to defend it if they stop bringing upany of these allegations any where else. Or, you can choose to defend it, and say the marriage hasnt broken down, I dont want a divorce, I'm happy, he's happy,he just deluded thats the second option. The third option is you can defend it and cross petition on your own ground, so that if your saying your partner has committed adultery you can cross petition, or they have behaved in an unreasonable way you can cross petition, so its always open to you to have the same grounds thrown back the other way if you believe that it will help your case , but its very unuaual to cross petition these days, most marriages end with an undefended petition.
Will I need to go to court if I get divorced?
You don't have to go to court to get divorced. Everything can be dealt with by paperwork stamped by the court. If you don't defend the divorce petition and agree on all the finances, you needn't even step foot in court. However, if your finances are very complicated then its more likely than not that you will have to go to court to divorce, albeit at the preliminary stages.
What happens if my partner contests the divorce?
If your partner contests the divorce and puts in a cross-petition against you, you can file what's known as a reply, to say, "I don't agree with those allegations. They're not true." If you can't sort this out by either cross-decrees against each other, you'll end up with a fully-contested divorce before the courts. Doing that is rather silly, because they can cost thousands of pounds in wasted costs, and whatever you put in a petition is normally irrelevant to the finances.
What is a 'No Fault' divorce?
We do not have no-fault divorce in this country; it's a misconception. No-fault divorce means that you divorce on irreconcilable differences. That's American television; we don't have it here. We have grounds for divorce here. We were thinking about no-fault divorce being brought in a few years ago, but it didn't happen.
Who should I inform about my divorce?
If you go through a divorce, you really ought to inform your children's' school so they know to keep a look out to check your little one is alright. You don't actually need to inform any authorities about the divorce, unless of course you're changing your name. If you want to change your name on a passport after a divorce, you would have to get a deed poll to change it and inform the authorities accordingly. Otherwise, you can assume any name you want without any ramification.
Can I keep my married name?
You can keep your married name after a divorce. The fact that you get a divorce does not mean you lose your right to your married name.