DIY divorce b4 2years sepaartion?

stopthespends

hi

do you have to separated for 2years before you can do a DIY divorce?

thanks

Bossyboots

No, but you have to have other grounds to support your petition that the marriage has broken down irretrievably. This can be adultery, unreasonable behaviour or desertion.

crazyscientist

the 2 years separation (with mutual consent) thing is just one of the phrases which can be used as grounds for divorce. there are others which do not rely on 2 years apart as the above poster says - desertion, adultry etc. And then there's 5 years separation without mututal consent.

my advice would be to buy or borrow one of the many books on the subject

Bossyboots

crazyscientist wrote:

the 2 years separation (with mutual consent) thing is just one of the phrases which can be used as grounds for divorce. there are others which do not rely on 2 years apart as the above poster says - desertion, adultry etc. And then there's 5 years separation without mututal consent.

my advice would be to buy or borrow one of the many books on the subject

That is not how it is put now. There is only one "ground" for divorce and that is the irretrievable breakdown of the marriage. This can be "evidenced" by one of five events, being those we have listed between us. As the OP was seeking info on divorcing before the two years, the issue of 5 years separation wasn't relevant.

You make a good point about it being by mutual consent after two years as the OP didn't actually say that was the case. Without that consent, one of the other forms of evidence will need to be used or they will have to wait five years. As the petition still needs to be served on the other party even for the 5 years separation, it can be better to get a divorce over and done with while you know where the other party is living and will receive paperwork.