Divorce advice please..

[Lilly82]

I split up with my Ex last May with mutual agreement that our marriage wasn't a happy one and he moved out the following month. We've been legally married for only about 4 years. We have two kids and don't seem to have shared parenting issues so far, we are both committed parents and love our boys dearly. We have no assets as a property or saving to share, we were living in a rented flat. I know we need to pay for the divorce application but we said we'll divorce without involving solicitors as we can't afford them. I did some reading on Citizens Advise website and looks like if the separation doesn't fall under four grounds for divorce such as adultery; abuse; neglect; violence etc we need to be living separate for 2 years before applying for divorce. Am I doing right by wanting to wait the 2 years?

You could look at unreasonable behaviour as an option.

You could look at unreasonable behaviour. If it's amicable and you're both keen to get divorced without waiting 2 years, then you can just agree between you who is divorcing who and decide on the grounds. They don't have to be earth shattering (or even true tbh albeit it's not for me to advocate lying on court documents ). You should have 3 or 4 grounds (DH didn't pull his weight around the house. DH went out until the early hours too often. DH was unreasonable with finances). On the basis it's agreed between you before, then the respondent isn't going to contest them.

If neither of you are willing to be portrayed as the "baddie" in the documents (and really, it makes no difference to anything!), then you'll have to wait for 2 years separation.

Waiting the two years makes things simpler in many ways. You just file for the divorce on the grounds of irretrievable breakdown of the marriage, a kind of 'no fault' divorce. Going for unreasonable behaviour means one has to cite the unreasonable behaviour of the other, and may unless very carefully handled generate ill-feeling. Unless there is a reason to get divorced sooner, this may be the best option for your circumstances.