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Do I have to wait 2 years post separation for divorce?

15 replies

Lozislovely · 27/05/2014 19:14

XH and I split 18 months ago. No reasons other than we grew apart. Am I correct in thinking that I need to wait for 2 years until I can apply for divorce?

We lived under the same roof for 6 months post separation whilst the family home was sold and split the equity 50/50.

He pays maintenance every month straight into my account so no CSA involvement.

We are amicable so looking to deal with the divorce without solicitors.

I'd just like to cut our ties sooner rather than later so just wondering if I can start proceedings now or have to wait the full 2 years.

Thanks

OP posts:
littlemefi · 27/05/2014 19:19

I'm in a similar situation, though STBXH and I separated in Oct and I didn't move out until Feb, again amicable and sorting out finances ourselves, so will be following with interest!

AllabouttheE · 27/05/2014 19:21

You can do it now if you think he would amicably agree to unreasonable behaviour.

Or two years

Here www.gov.uk/divorce/grounds-for-divorce

AllabouttheE · 27/05/2014 19:22

It seems you can !

Lozislovely · 27/05/2014 19:25

Thanks all. I have a feeling that he wouldn't agree to unreasonable behaviour but I could ask the question.

When I mentioned divorce to him a couple of months ago he said he couldn't really see the point - not to be awkward but that he'd rather spend the money on something else.

I've already decided that I'd pay it all and have no issues with that, so it may be I'll just have to wait to keep it as amicable as it is now.

OP posts:
Lozislovely · 27/05/2014 19:25

@little good luck Grin

OP posts:
Lozislovely · 27/05/2014 19:26

@all - that's how I read it too but I had it in my head that it was 2 years without 'reason'.

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littlemefi · 27/05/2014 19:28

I'm not in a rush as such, but presume there will come a point where I will want to get on with a divorce, and hope to do it fairly cheaply and easily!

littlemefi · 27/05/2014 19:28

Good luck to you too Loz!

vettles · 27/05/2014 20:35

Would he agree to being the Petitioner and saying it was your unreasonable behaviour, if you paid?

Lozislovely · 27/05/2014 20:37

That's a possible vettles, hadn't thought of that, thank you!!

OP posts:
babybarrister · 28/05/2014 07:49

This reply has been deleted

Message withdrawn at poster's request.

Lozislovely · 28/05/2014 10:41

That's great baby, thank you.

He actually didn't like any of my friends, share hardly any of my interests but did do the some of the housework!

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catsrus · 28/05/2014 10:49

I let my exH divorce me on the grounds of unreasonable behaviour - which friends and family thought was very weird as he'd gone off with an OW - but in his mind he had to do that because I wasn't supportive enough of his bonkers ideas. It was the simplest and least emotional way to do it - you don't even have to read the petition if you don't want to. I didn't until a few years after the divorce. My solicitor said 'don't read it - it will upset you' well actually it didn't at all - much of what he was true Smile.

Lozislovely · 28/05/2014 10:55

That's the thing cat, I think XH would secretly be pleased that I'd be letting him divorce me on the grounds of unreasonable behaviour - after all he was perfect Wink

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catsrus · 28/05/2014 16:07

of course he was Grin so was mine. Do what you need to do to get out of the situation you are in - if that means he divorces you then go for it. Detach, be pragmatic - it's something to get through and then you can move on. Try not to turn it into a battle, bite your tongue if you have to - it will be worth it in the end. You know the truth of the situation you were in and who he was, your family and friends probably do too - what does it matter what is on a bit of paper before a judge? I'm NOT saying be dishonest BTW - he probably DOES think there are ways in which you were unreasonable so there is no need to beSmile. Good luck - it is fine out here on the other side!

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