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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been separated years. I want a divorce but

Resolved Question:

I have been separated for five years. I want a divorce but my husband does not. I have waited this long because I thought I could get a divorce without his consent as he would not consent after two years separation and as I do not wish to remarry I thought I could just ignore the fact that I was still married legally. I am an oap and have decided that I really want to be legally free of him. However a friend who claims to know a bit about the law says that I would have to go to court and explain why I wanted a drove and what my husband had done to warrant one. And if the judge was not satisfied he could order me or us to go to counselling! I am not in very good health and do not really want to have to do this. Is my friend correct. What is the procedure after five years please
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
I am surprised that u cannot find an expert to answer my question, yr advertising implies that u have hundreds of experts and therefore I would not have thought a divorce lawyer would be unable to answer my question if u have the experts u say u have. I think it is a fairly straight forward question. Sorry if this sounds sarcastic but I am surprised and disappointed. I was warned not to pay anything to online companies by a friend who says they are never what the seem to be advertising. I will wait a little longer but if I do not receive an answer soon I will request a refund and hope that that i do not have further trouble with that
Expert:  Nicola-mod replied 2 years ago.
Hello,
I am sorry you have had to wait. We will continue to look for a Professional to assist you. I do think we will be able to find someone to answer.
We do genuinely refund you fully if you are not satisfied - if you would like a refund please just reply to this page confirming it and I will process the refund for you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.
I will wait a further time for an answer as long as it does not stretch out to long. Thank you for your response
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I am sorry for the delay
For the avoidance of doubt I have assumed that you have indeed lived in separate properties through out the five years!
You are correct and your friend is incorrect (at least so far as England and Wales is concerned)- the Five year separation ground is based on the fact that you have physically lived apart for five years
Your ex could delay the divorce if he argues that the financial issues have not been resolved and that a divorce would leave him unprovided for.
That would be dealt with by initiating the process for the finances to be dealt with.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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