How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35051
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

Please can you tell me how to go about getting a divorce after

This answer was rated:

Please can you tell me how to go about getting a divorce after 5 yrs separation. Or is it possible before when the spouse won't allow it.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived apart?
Customer: replied 3 years ago.

We have been apart 3yrs last month


I assume that your wife does not wish to have a divorce?
Is there a reason for this?
What is the financial position?
Customer: replied 3 years ago.

I pay csa of 300 per month my wife gets dla for my son my wife gets jsa,rentand council tax paid and carers allowance etc and all benefits she can get and has done ever since we parted. Her income is higher than my earnings. Her attitude is I am hers till she dies rather than to allow me to be happy.

May I ask why you left her?
Customer: replied 3 years ago.

I left as I was no longer in love with her and she was argumentative all the time. Wouldnt pay bills even though she had all my wages every week. I had left twice before and went back after she made promises to change but she got lazy and rather large aswell.. She told me to leave if I didnt like it so I did,

Who owns the house?
Customer: replied 3 years ago.

It is council property. We have never owned property which is how she got a house in Swindon and took my son out of Reading with her. I have been told it should hout moving my

ave been discussed with me about moving him away.

You have two choices.
You can wait until you have been apart for Five years and issue a Petition base don that ground - or you can divorce your ex on the basis of Unreasonable Behaviour.
You can find out more about the grounds here
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you