Separated, im now in another relationship can i apply for divorce?

[Stealthynamechange]

H is a controlling bully. We have been separated 18months, I've been in another relationship for just over a year, he knows this. I agreed to adultery (even though this was not cause of split). He wont apply for divorce saying that separation adultery isnt enough 🤦‍♀️ can i apply on adultery grounds? No point applying unreasonable behaviour it will be an expensive argument. Thanks all

No
You can’t apply in the grounds of your own adultery
One of you should file under unreasonable behaviour ( you petition him if he won’t file ) or wait 2 years separation if he’ll agree
Personally I’d just file under ub and start the process

If you file you are more in control, it's fairly easy to find grounds for unreasonable behaviour.

Thanks both, he wont agree to my grounds for unreasonable behaviour & would contest, best to wait until 2 years then!

He can contest all he wants courts will still grant it they are not unreasonable

My ex kicked off so dramatically and upset the kids to the degree I didn't file till five years had passed I needn't have worried despite him putting that he disagreed with my reasons the court granted it without a murmur one of my reasons was that he was actually engaged to another woman he agreed but didn't see why that meant divorce as he wasn't getting married "soon" fortunately the court decided he was a twat and granted it immediately

At two years you still need his consent. Think you’ll get it?

I think you are probably better going for unreasonable behaviour, surely some of it you have evidence for or is just factual?

He can state that he disagrees with the reasons but doesn’t contest
For 2 years separation he still has to consent
That’s why I said just crack on with ub

This is a way for him to continue controlling you. He won't consent at the two year mark so you'd be looking at waiting five years.

File yourself now as pp have said.

We separated over a year ago, I filled for divorce recently on ground of UB, coercive control, rape and he is now living with his new partner. He denied allegations but agreed to proceed with divorce. As long as he is agreeing to the divorce then the reasons behind it he can deny but should still go ahead