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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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I got married just over a year ago in Miami and I want to know

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I got married just over a year ago in Miami and I want to know how I go about getting a divorce
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Where are you and your spouses presently based?
Kind regards.
Customer: replied 5 years ago.
In West Sussex in England but we got married in Miami

Thanks for your reply.

You must have been married for 1 year in order to divorce.
If you are not prepared to wait for two years separation (if she were to consent to divorcing under this ground) or 5 years (without her consent) You could petition on the basis of her unreasonable behaviour or if one of you has been adulterous the other could petition on the basis of that adultery. The third party with whom one of you has been adulterous need not be named in the petition.

You would have to list 5-6 examples of her unreasonable behaviour towards you if petitioning on this basis. The should mostly be related to her 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, not engaging in physical affection, not helping you with any children you have.

Typically, it is best to list each examples in the following order
• 1) First occurrence
• 2) Worst Occrrence
• 3) Most Recent.

There is lots of useful advice for lay persons considering divorce here:-
You will have to pay a court issue fee for issuing the petition of approximately £350 and a further £50 approximately for the decree fee further during the divorce process.
If you instruct a solicitor they will probably charge around £1200-1500 to act for you in the divorce, but if you instruct them to act in financial ancillary relied proceedings their costs will be at an hourly rate.

Provided you have a copy of your marriage certificate it does not matter that it was in Miami.

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,

Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.
If I wait for 2 years where do I stand with our mortgage I have left but my husband is still living there.

If you are both named on the mortgage/title for the property then the liability will be joint and several, which means they can enforce any arrears owing under it against either or both of you so it is in your interests to see that the repayments are met.

If you wish to come off the mortgage then he would need to obtain a mortgage offer in his sole name and buy you out in a transfer/remortgage. If he cannot do this then you will have to either remain on the mortgage/title or make an application for an order of sale for the property to realise your equity and be released from the mortgage.

If you wish to come to a financial settlement prior to the two year period then you should both see local solicitors about preparing a separation agreement dealing the matrimonial assets.

Thank you for your kind accept.

Kind regards,


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