Hello and thanks for your question.
There are two issues here 1) how to get a divorce and 2) whether you need a court order concerning your son
Here is a blank divorce petition, and notes to help you complete it.
The grounds for a divorce are the irretrievable breakdown of the marriage - but you have to specify on the petition whether that's due to the respodent's behaviour, their adultery, the fact that you've been separated for 2 years and they consent to a divirce, or you have been separated for 5 years regardless of whether they consent.
If you are sure that your wife will consent to a divorce on the acknowledgment form, then you can divorce her on the basis that you have been separated for 2 years, and she consents. Otherwise, you can base your divorce on her behaviour.
The petition requires you to state the dates of birth of any children, and whether they are children of both of you or not - but no other information, so there's no need to specify that your son lives with you on the petition.
The court fee to issue your divorce petition is £410.
2)whether you need a court order concerning your son.
The Children Act refers to the "no order" proncile - this means that the court will only make an order concerning a child if there is a need for it - in other words, if the parents when they split up, agree which of them a child is to live with, no court order is needed.
If your wife does not agree that your son should continue to live with you, then you will need to apply for a child arrangement order that specifies that your son is to live with you, and your argument to the court will be that this would be in the child's best interests and for the child's welfare, for all the reasons you state above.
The form you need is C100, here:-
The court now requires parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediator:-
I strongly advise you to get some face-to-face legal advice as well, Most solicitors will give a free intial interview. Here's where to find a specialist family law solicitor:
I hope this helps and I wish you the best of luck.
Thanks and best wishes...