Forcing a divorce

[icelollycraving]

Can someone force a divorce? If there are a couple with one being emotionally abusive? The mortgage & bills are joint names,they have one child,no savings but equity in the home.

[TiggerPiggerPoohBumWee]

The divorcer doesn't need to agreement of the divorcee to procede with the petition. You can choose to defend the divorce petition, but you can't stop someone divorcing you if they push on with it.

[icelollycraving]

Can one person refuse to sell the property?

[RandomMess]

You can go to court to force the sale of the property.

[icelollycraving]

Ok,thank you. If one person paid the deposit on the home,does that mean they have more claim?

[MontserratCaballe]

No - who gets what based on statutory factors. Contributions important but court will look at needs and resources first, and will want to provide a secure home for the children with their resident parent if at all possible.

[icelollycraving]

Could the abusive person be kept away from the home?

[runningincircles12]

Yes, you can get an occupation order to exclude the other person if they are being abusive. They aren't granted readily though, so you will need clear evidence that the order should be made. If an agreement could be reached that the other person move out, that would be easier.

You can 'force' a divorce if on the basis of unreasonable behaviour. It might take you a little while though (if the respondent does not acknowledge service) and the other person might decide to defend the divorce. Even so, you are very likely to get your divorce in the end.

I suggest you apply for a financial remedies order once your divorce petition has been issued. This can then include an order that the property be sold (if that is what you want).