Advice on an ex that wont sign the divorce papers please

In England and Wales, you can only divorce if you have been married for at least one year. There is only one basic ground for divorce: the irretrievable breakdown of the marriage. You can prove irretrievable breakdown by establishing one or more of the following 'facts' for divorce:

Fact A. Adultery

You must prove that, either through actual admission or through sufficient circumstantial evidence, your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with your spouse. If a sexual liaison short of sexual intercourse has taken place, it's suggested that the unreasonable behaviour ground is used.

You can name the other person involved as a co-respondent but this isn't essential and can have serious consequences. Doing so can make the divorce proceedings more acrimonious, more complicated and more drawn out. It's, therefore, usually best to avoid naming a co-respondent. If you wish to name the other person in your divorce proceedings, you should take legal advice before doing so.

Adultery can be used as the basis for a divorce petition, whether you and your spouse are still living together or there has been a separation, but, in either case, not more than six months must have elapsed since you became aware of the adultery before the divorce petition is sent to the court.

Fact B. Unreasonable behaviour

You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. Unreasonable behaviour is now the most common fact on which to prove the ground for divorce in England and Wales. In an unreasonable behaviour divorce petition, the petitioner sets out a number of allegations against the respondent.

These allegations might include references to excessive drinking or financial extravagance, for example; but it's worth bearing in mind that the court doesn't insist on really severe allegations of unreasonable behaviour in order to grant a divorce. Relatively mild allegations, such as devoting too much time to a career, having no common interests or pursuing a separate social life may well suffice. Using mild allegations may also make it easier to agree a divorce petition with your spouse in advance.

Fact C. Desertion

Where your spouse deserted you without your consent for a continuous period of at least two years; this fact is almost never used.

Fact D. 2-year separation

By consent, you and your spouse have been living apart for at least two years immediately preceding the presentation of the divorce petition and you both agree to a divorce.

Fact E. 5-year separation

You and your spouse have been living apart for at least five years immediately preceding the presentation of the divorce petition. In this instance, your spouse doesn't have to consent to the divorce.

mountainofdebt wrote: »

I always thought that if there was one side who didn't want the divorce to proceed then the couple had to be separated for5 years before the side wanting the divorce could proceed without any agreement from the other side.

[I am not an expert] That sounds right, but not complete.

At 5 years either side can ask for a divorce and the other side cannot contest the request. What we are talking about here is a request for divorce which is contested - the OP's OH is asking for a hearing and her ex has the right to contest the case. He is informed of his rights by being served court papers, which he should acknowledge, so the case can go ahead and he can make his objections. Unfortunately he is playing dirty, but as LazyDaisy says, the case can go ahead if a bailiff serves papers and can testify to having done so. Given the circumstances, it looks better to get the divorce done sooner rather than waiting for the 5 years.