Do I have to go to Court for the divorce? - The Law House Family Law Solicitors, London & Peterborough

Do I have to go to Court for the divorce?


The general answer is “no”.

Although our current divorce law is more than 40 years old, it is has been adapted as time as passed. This means that these days, it is very rare for either party to attend Court for the divorce itself. However, you may still have to attend Court to deal with children or financial matters.

When we start the divorce process for the client, we aim to draft a relatively non-contentious divorce petition. We then recommend that the content of the petition is agreed by the other party. This will ensure that the other party already knows what will be in the petition and has had an opportunity to comment on it. In turn, this means the other party is unlikely to defend the divorce petition.

As long as the above process if followed through, the divorce process should progress smoothly and neither of you will need to attend Court. After the petition has been issued, you will need to follow a number of steps and this will eventually lead to the marriage being dissolved.

It is so rare for a divorce to be defended that most of our lawyers, in their respective long careers, have never had to deal with a defended divorce.