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Hi, thank you for your question. So long as you have been married for at least 1 year you would be entitled to pursue a divorce, however if you have not been separated for at least 2 years and there is no admitted adultery your only option is to pursue a divorce by relying on facts of unreasonable behaviour by your spouse which led to an irretrievable breakdown of the marriage. If there has been no unreasonable behaviour you would need to wait for two year separation - you do not have to live separately for two years, but have to be separate as husband and wife, for example you can live under the same roof but live separate lives and you can detail this in the application.
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My name is ***** ***** I have been a solicitor for more than 30 years
To add to the above.
Unless you are two perfect beings then you will be able to put together an Unreasonable Behaviour Petition against one of you - and you can agree the wording so that it is enough to get a divorce but not enough to cause upset
There is no need for there to have been violence
It can be half a dozen minor issues - refusing to go to your family get togethers;
Always being late even though you begged him/her not to be
Spending money like water/ keeping you short of money
Squeezing the middle of the toothpaste tube.
Basically behaviour that you tolerate in your loved one but find beyond the pale in his.her best friend
My colleague above is right in saying that meeting the grounds for unreasonable behaviour is not very difficult, however, your spouse will be served with a copy of the petition and will have sight of the allegations you have made and you should be aware that this may cause acrimony between you if your spouse objects to the issues you are raising.
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