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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I seperated from my wife over a year ago and have since

Resolved Question:

Hi, I seperated from my wife over a year ago and have since met someone else.
I have an amicable arrangement with my wife for maintenance and access to our two children.
I want to divorce but it looks like the only way is to wait the 2 year time period for this to be a legitimate reason for the divorce. Is this the case our can I file for divorce now (or is it my ex who should do this)?
If i van get a divorce now how do I go about it?
Thanks,
Dean.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstis your wife willing to agree to a divorce?
Customer: replied 2 years ago.
We don't talk anymore so I don't 100% but I'd say she would agree given the circumstances
Expert:  Clare replied 2 years ago.
Does your ex have a new partner?
Customer: replied 2 years ago.
My kids haven't mentioned anyone so I'd say no she doesn't
Expert:  Clare replied 2 years ago.
There are only two Immediate grounds for divorce - that your spouse has committed adultery and you no longer wish to live with them:or that your spouse has behaved in such a way that you cannot reasonable be expected to live with themClearly your wife could issue a Petition based on either ground - or you could Petition for a divorce based on herUnreasonable Behaviour(it does not have to be bad just annoying and we can all be annoying at times!)Alternatively there is less than a year to wait until you will heave been separated for two years - if you both agree to the divorce.The starting point is to discuss the matter with your ex using Family mediationwww.familymediationhelpline.co.ukI hope that this is of assistance - please ask if you need further details
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