Grounds for divorce

Katieboo87

Hi all,

Hope you can help.

I want to petition for divorce but am worried I do not have sufficient grounds.

Basically, ex asked me to leave 4 months ago and I did. There are many reasons I can list as unreasonable behaviour etc but I don't want him to contest it and I don't want to get in to that.

I just want to get divorced. Is there some way of petitioning just using the fact that we were not compatible and no longer in love?

I'm trying to avoid solicitors and petition myself.

Any help is greatly appreciated.

Thanks,
KJ

hawk30

No, you would have to show unreasonable behaviour. Tbh, a collection of fairly minor events/problems is probably likely to do the job.

The other grounds are: adultery, desertion (for more than 2 years), living apart from 2 years or living apart for 5 years. Non of these seem to apply to you,

youngie

why would he contest the divorce if he asked you to leave

GlynD

Here's an overview of the reasons for divorce. I thought there was one where you could petition on the grounds that the marriage has broken down irretrievably but I can't find any evidence for that.

https://www.gov.uk/divorce/grounds-for-divorce

thefishdude

if it is less than 2 years or (1 year in scotland i think) then you have to have a reason. you dont have to site exact details but there are various things you can do. check this link it gives details on the reasons you can put down.

https://www.gov.uk/divorce/grounds-for-divorce

now desertion is a reason were your husband has left you to end the relationship. or told you to leave anyway. and being told to leave i would say also goes to wars unreasonable behaviour.

you could put down many ore serious things but as you know he may contest it so you have to think about what to put unless you dont mind a fight.

are you doing it all yourself ?

Voyager2002

GlynD wrote: »

Here's an overview of the reasons for divorce. I thought there was one where you could petition on the grounds that the marriage has broken down irretrievably but I can't find any evidence for that.

https://www.gov.uk/divorce/grounds-for-divorce

The usual evidence that the marriage has broken down irretrievably is living apart for two years; adultery; or unreasonable behaviour. Note that virtually any behaviour can qualify as "unreasonable" so long as the other side admits that it is unreasonable. So I suggest you get in touch with your ex by letter or email, ask whether he wants a divorce, and if so then agree on something that he did that you can present as being unreasonable.

hawk30

GlynD wrote: »

Here's an overview of the reasons for divorce. I thought there was one where you could petition on the grounds that the marriage has broken down irretrievably but I can't find any evidence for that.

https://www.gov.uk/divorce/grounds-for-divorce

Being technical, the only ground for divorce is irretrievable breakdown of the marriage. But to show this, you have to establish one of the five facts, e.g. Unreasonable behaviour, adultery, desertion etc.

Maureen43

OP - the advice here is all good and correct.

I just wanted to put my oar in and say how wrong I think it is that you have to have a "reason" to divorce.

As consenting adults you can marry on a whim and should be able to divorce with the same ease if you both agree! I deeply resented having to give a "reason" - it is nobody's business but ours.

Had to say it!

jjj1980

I had pages and pages of (evidenced) reasons to cite as unreasonable behaviour from my ex-husband. The solicitor showed me a copy of the pages he received which had a few options only such as:

1. Agreed to reasons given
2. Disagree with reasons but agree to divorce
3. Wish to contest

We knew my ex would disagree with the reasons despite the evidence but the solicitors said it would have costs thousands in legal fees to contest.

My ex ticked option 2 and whilst I wasn't happy as I wanted him to face up to and admit his actions, the divorce went through and I got My Decree Absolute about 9 months ago.

seven-day-weekend

Maureen43 wrote: »

OP - the advice here is all good and correct.

I just wanted to put my oar in and say how wrong I think it is that you have to have a "reason" to divorce.

As consenting adults you can marry on a whim and should be able to divorce with the same ease if you both agree! I deeply resented having to give a "reason" - it is nobody's business but ours.

Had to say it!

Marriage is a legally binding contract. You would have to have a good reason to get out of ANY legally binding contract.

Don't get married if you don't want a legally binding contract.

OnwardsAndUpwards_2

seven-day-weekend wrote: »

Marriage is a legally binding contract. You would have to have a good reason to get out of ANY legally binding contract.

Don't get married if you don't want a legally binding contract.

Well, yes. That was how I felt and took my own marriage very seriously. Unfortunately though, despite it being a legally binding contract, there is NOTHING to stop one party breaking that contract - as my ex did. In that situation it is so important that the 'wronged' party (morally wronged, not legally) be able to extract themselves from a contract that is no longer being abided by. Having to go though years of legal wrangling would be cruel.

On the other hand, I actually felt that the divorce process (which I initiated for my own sanity once he'd shacked up with another woman) was obscenely easy, and made me feel that the perceived seriousness of the marriage contract was a sham.

To the OP: if you possibly can, talk to your husband and agree the reasons together. Yes, it's agonising to have to talk to him in this situation, but if you can keep your cool and focus on the goal - to extract yourself from the broken marriage with dignity - then it will be much easier. Separate your emotions from your head when doing the petition. If you agree the 'unreasonable behaviour' together, he is very unlikely to contest. BTW, asking you to leave the marital home could be reason number 1.

Good luck, this is a horrible, horrible period for you, but I have never met anyone who has been through it who wasn't very much happier in the end.