Court may refuse my divorce petition...pls help, advice needed!

[BellaBicycle]

Hi I wonder if someone can help me with this divorce dilemma…

I am applying for a divorce on the grounds of unreasonable behaviour.
I noted this on the gov website:

If you are cohabiting with your spouse for a period of more than 6 months after the last alleged unreasonable behaviour, the court may refuse to grant the divorce petition.

He has refused to move out, and continues with his behaviours, he wants another chance and is refusing to agree to the divorce. What can I do if he won’t leave? I may be refused the divorce on the grounds that he is still living with me. I cannot afford to pay for another petition.

Thank you

Won't he have to agree to the divorce anyway? Or wait 5 years?

You are still living under the same roof but that doesn't necessarily mean you are cohabiting. If you cook meals for him, eat with him, share a bed or do his washing or washing up you are cohabiting. If you are living entirely separate lives you are ok, although the longer you have been living under the same roof the more likely the court is to question it.

Aren't there any examples of unreasonable behaviour within the last 6 months you could use?

@prh47bridge
Thank you - yes there are examples from this week of unreasonable behaviour, we have not shared a room for 3 years, no sex for even longer, and I have stopped doing all his chores. Though he will probably argue and lie that about all those things. Then what...

The court will decide on the balance of probabilities. Any evidence you can give the court to show you've been living separate lives will help.

I was told by my solicitor that its unlikely that it would be refused as the key point is its if its unreasonable to you, not to the judge that matters.

I was told by my solicitor that its unlikely that it would be refused as the key point is its if its unreasonable to you, not to the judge that matters

That is true if the question is whether the behaviour is unreasonable, although if the case is defended it may be dismissed if the allegations are too mild - see the case of Owens v Owens in 2017. However, what may be in dispute in this case is whether the OP has accepted the unreasonable behaviour by continuing to live with her husband. That is rather different. If the court decides she has continued living with her husband for more than 6 months after the unreasonable behaviour she will be viewed as having accepted it and won't be able to get a divorce on those grounds.

That makes it so difficult for the women who’s husbands are controlling and refuse to leave did this very reason.

The easiest way to get a divorce is adultery, if you really want rid of him, let him divorce you for adultery, nobody has to be named, it can be a correspondent not named. You just need him to think you have slept with someone else. If your petition gets refused it would be your best bet.