Do I have to wait 2 years before getting divorced?
Many people still believe that you need to wait until you have been separated for 2 years before you can get divorced. This is not the case at all.
As we are still waiting for the ‘no fault’ divorce to be introduced then if a person wishes to issue a petition within 2 years then they must rely on one of the following facts :-
‘the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent’; or
‘the respondent had behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent’
Behaviour is referred to as “unreasonable behaviour” even by the Court, however the definition states that the petitioner cannot reasonably be expected to live with the respondent because of their behaviour. Therefore behaviour can cover almost everything and it does not need to be a set of allegations or accusations. It is what that particular petitioner can't put up with from the person they are married to. What is a “deal breaker” for some may not be such for others. Many potential petitioners are relieved to hear this particularly if the parties have simply drifted apart. An experienced family lawyer can find sufficient behaviours to enable a petition to proceed even in the most amicable of separations.
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