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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm wanting to get a divorce however not sure how to do it

Customer Question

Hi there
I'm wanting to get a divorce however not sure how to do it since none of the options are suitable.
We both agree to a divorce but:
We haven't lived separately for 2 years yet
We haven't lived apart for 5 years
There was no violence in relationship
My wife hasn't committed adultery
So not sure on what grounds I could file for a divorce
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Clare replied 1 year ago.

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

Expert:  Harris replied 1 year ago.

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.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.