THE GROUNDS FOR DIVORCE IN ENGLAND & WALES
There is only one basic ground for divorce, which is the irretrievable breakdown of the marriage. You can prove irretrievable breakdown by establishing one or more of the following 5 'facts’.
Regardless of which reason for divorce you choose to use, Divorce-Online will prepare the divorce petition for you, which makes obtaining a divorce quickier and easier than doing it yourself.
You must prove that either through actual admission or through
sufficient circumstantial evidence your spouse has had sexual
intercourse with another person of the opposite sex and that you find it
intolerable to live with your spouse.
If a sexual liaison short of
sexual intercourse has taken place, it's suggested that the unreasonable
behaviour ground is used as you cannot proceed on the grounds of your
own adultery.
Adultery can be used as the basis for a divorce petition whether you
and your spouse are still living together or have separated, but in
either case not more than six months must have elapsed since you became
aware of the adultery before the petition is sent to the court, unless
the adultery is continuing.
Where your spouse deserted you without your consent for a continuous
period of at least two years.
This fact is almost never used as it
requires the mental intent to divorce throughout the two-year period
which can be difficult to prove.
By consent you and your spouse have been living apart for at least two
years, immediately preceding the presentation of the petition (or
'Initial Writ' in Scotland) and you both agree to a divorce.
You and your spouse have been living apart for at least five years
immediately preceding the presentation of the petition. In this
instance, your spouse need not consent to the divorce.
However they can hold up the final decree if they believe they would be financially worse off, but this is very uncommon.
