Grounds for Divorce Explained
The Grounds for Divorce Explained
If you decide that your marriage is at and end you may feel unsure about whether you are able to apply for a divorce. A divorce lawyer will be able to provide you with advice about whether you have sufficient grounds to start divorce proceedings.
What are the grounds for divorce?
To obtain a divorce it is necessary for you to show to the court that your marriage has broken down irretrievably. This can be proven in one of five ways. Your divorce lawyer can help you decide which you should use.
1. Adultery
You can start divorce proceedings if your spouse has committed adultery. However, you should be aware that you cannot rely on the adultery if you have lived with your spouse for more than 6 months after finding out about it.
Because of the nature of adultery, it can sometimes be difficult to prove, if your spouse refuses to admit that it has taken place. In those circumstances you may prefer to look at one of the other options available.
2. Unreasonable behaviour
You can start divorce proceedings as a result of your spouse’s unreasonable behaviour. This does not necessarily need to be extreme behaviour, but a number of examples will be needed. The behaviour can range from something as serious as domestic violence to more common examples, such as a lack of affection or your spouse being critical of you.
The guidance of a divorce lawyer will assist you in ensuring that the examples given are sufficient to satisfy a Judge that your marriage has broken down, without unnecessarily causing the court proceedings to start with acrimonious and inflammatory accusations.
3. Two years' separation with consent
You can petition for divorce on this basis if you have lived separate and apart from your spouse for at least two years, and your spouse agrees to the divorce.
If you live in separate households it can easily be established that you live separate and apart. However, even if you live in the same household it is still possible to be considered to be living ‘separate and apart’. If you have any doubts about whether the court would view your situation in this way you should seek advice.
4. Five years' separation
If you have lived separate and apart from your spouse for at least five years you do not need their consent to the divorce. You can simply apply for the divorce based on your prolonged separation.
5. Desertion
It is very unusual to rely on desertion to obtain a divorce. It is relatively technical and it will often be easier to proceed another way.
To show that your spouse has deserted you it is necessary to show that your cohabitation was ended at least 2 years ago by your spouse against your consent. You also have to show that your spouse did not have any reasonable cause to have stopped cohabiting with you.
For a divorce solicitor who can help advise you further about starting divorce proceedings, contact Pannone Solicitors now on 0800 8404929 or click here. Our trusted team of family law specialists are here 24 hours a day, 7 days a week.