2 Year separation for divorce

smudger1964

I see you can get a divorce if you both agree after 2 years separation,can part of that separation be when you are living in the same house but living separate lives ie sleeping in different bedrooms.Or does it have to be after one person actually lives somewhere else.Also if you both agree and both want a divorce can you say you have lived apart for 2 years how could anyone check?

Lemon_Corkscrew

From what I understand, with the current difficulties in the housing market and 'credit crunch' more and more people are having to remain in the marital home even when the marriage has broken down. In those circumstances, I would think you can get a divorce even living in the same house. For any benefit purposes, you may need to prove that you are living completely separate lives though.

polomint_2

If you are living seperate lives (I.e not cohabitating) You can remain in the same house as far I understand it.

stef240377

My partner was told you can only do this on grounds of seperation if someone like a solicitor was aware of seperation other wise the two years would only count once a solicitor had been instructed to take on divorce proceedings. Would it not be easier to do this amicably and cite unreasonable behaviour as grounds for divorce rather than waiting?

smudger1964

Yes I suppose it would be easier to cite unreasonable behaviour so I guess we will have to make some stuff up then,So is it the person who puts the divorce petition in has to say that the other person displayed unreasonable behaviour.

stef240377

Yes the person who files for the divorce has to cite the reasons, my partner was told things like putting friends and family first rather than putting positive atention into the marriage was a good enough reason, in total you have to have around six viable reasons for unreasonable behaviour. If you are on speaking terms sit down between yourselves and see what you can come up with that will not upset each other, divorce is bad enough to go through as it is.

mymatebob

In Scotland you can "just" cite - irretrievable break down of marriage- and now the period is separation has been reduced to one year.

You can get a legal separation document if you both agree from a solicitor.
Happened to two couples I know - one couple had the document for 3 years before finally agreeing to divorce, the other were legally separated for 8 years before divorcing.
In both cases they still lived together (until they divorced!)