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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Do I need ex's consent to divorce if I go on grounds of Unreasonable Behaviour?

6 replies

Namechange596 · 11/06/2023 22:11

Ex is ignoring the divorce petition, we are separated 2 years. He basically won't send back the Acknowledgement of Service form.
My solicitor has said I can divorce him on grounds of Unreasonable Behaviour without his consent? I don't understand how this would be any easier, surely he can just dispute the Unreasonable Behaviour which he probably will, just to stall the whole process, so in reality I do need his consent to divorce even with grounds of Unreasonable Behaviour as if he disputes it then the divorce may not go ahead?
Can anyone clarify how this works if I go down this route of UB instead? Do I need his consent to divorce if I use UB?

OP posts:
Justsaying22 · 11/06/2023 22:23

I’m abit confused. If you have already issued a divorce petition I don’t think you can issue another. Surely you could Just get a process server to attempt personal service of the original petition, to show you have done all you can to serve the papers.

Namechange596 · 11/06/2023 22:33

@Justsaying22 yes I'm going to try and get a process server as my next step.
My solicitor said I could amend the petition to grounds of UB if he doesn't respond

OP posts:
Kimchikeffir · 11/06/2023 22:35

Can’t you get a no fault one now?

Namechange596 · 11/06/2023 22:39

@Kimchikeffir I'm in Northern Ireland, I am trying to divorce him on the basis of 2 years separation with consent

OP posts:
AnnaKorine · 11/06/2023 22:41

For two years with consent you need consent, without it you have no ground so it’s a complete non starter. For other grounds in theory the other party can contest the divorce but it’s almost impossible to do it and a tiny minority bother trying. Follow your solicitor’s advice, it will be fine.

Namechange596 · 11/06/2023 22:56

@AnnaKorine ok thanks, good to know. My ex can be awkward and nasty so I could just see him disputing whatever I say , anything to make things harder for me and to stall the divorce and any financial settlement

OP posts:
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