Wife refusing to divorce.

TBagpuss

Tigsteroonie wrote: »

She has to agree to adultery / unreasonable behaviour. If she doesn't agree, then she doesn't give consent to the divorce and you have to wait for the five years.

Seriously, head to Wikivorce. It's a specialist area for this topic

No, she doesn't.
FOr adultery it would be very foolish to try to issue without her cooperation as the standard of proof and evidence you'd need if she won't, is pretty high, but you can issue a petition based on her unreasonable behaviour if you wish. It is generally considered good practice to try to agree the contents of a behaviour petition but it isn't compulsory.

If she ignores the paperwork you can arrange for her to be personally served (a court bailiff, or private process server, physically gives the papers to her. They then give a statement saying they have done so which is evidence that she has had the paperwork). This adds to the cost and will slow things down a bit compared to if she were cooperating.

It may be worth seeing a solicitor - she may pay more attention to solicitor's letter than to you telling her you want a divorce.

TBagpuss

If she's in a new relationship you can divorce her on unreasonable behaviour and say, as an example of behaviour, that she has "formed an improper relationship with another man". Unlike an adultery petition, she doesn't have tp admit it and you don't have to prove that she has had sex.

pphillips

The most common ground of divorce is unreasonable behaviour as its as simple as giving the examples of how she has behaved unreasonably. Fill out the D8 form and send three copies to the court with the court fee and your marriage certificate. The court they will send her one of the copies with a response form. If she decides to contest the divorce then she will most likely have to attend court and explain to a judge why she doesn't agree to a divorce. If she has moved out and left you for another man then it seems she does not have any valid reason to object.