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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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I married an American in California 3 years ago. I am British.

Resolved Question:

I married an American in California 3 years ago. I am British. We are both resident in the UK (England) and now wish to divorce. Can you tell me what we need to do?
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. How long have you been separated
  • 2. Do you both wish to divorce
  • 3. Has either committed adultery

Kind regards.

Tom

Customer: replied 3 years ago.
Seperated over 18 months. Both wish to divorce. Both have committed adultery.
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

Either could petition the other on the basis of their adultery. The person with whom one has been adulterous with need not be named in the divorce petition.

 

If you wait for a further 6 months then you could petition on the basis of a two year separation with the consent of the other party to the petition.

 

Alternatively either could petition the other on the basis of their unreasonable behaviour. The should mostly be related to most recent behaviour and it can be things like not speaking to you, providing you with emotional support, verbal (eg. Nagging, insults etc) or physical abuse, unwillingness to engage in typical things that married people do (socialising, eating together, planning practical matters together), not contributing towards the expenses of accommodating yourself and the children (if any), not engaging in physical affection, not helping you with children.

 

You will need to submit a petition to Court whichever way above that you opt for. You will need to submit your marriage certificate.

 

There is lots of useful advice for lay persons considering divorce here, including how to complete and submit a petition:-

http://www.hmcourts-service.gov.uk/infoabout/divorce/want/index.htm

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.
So the fact that we were married in California will be no hindrance to the pursuit of a divorce in the UK system thourh English Courts?
Expert:  Thomas replied 3 years ago.

No, you just need to prove that you are in fact married. You can do this by submitting your marriage certificate.

 

Obviously because it is in English there will be no need to translate.

 

Trust this clarfiies, if so please click accept.


Kind regards.


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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