Grounds for Divorce Explained

divorceDivorce is a practical reality in today’s society. There are guidelines in place to help you sort out the administrative side of separation. This helps you to work out the details while you process the emotional side, in your own time. The first thing you need to do is file for divorce.

In all but the simplest of cases, with no assets or children involved, you are likely to need a solicitor like Saracens Solicitors in London. They can take a lot of the work off your plate and help you make decisions that are legal, practical and beneficial.

You will need to decide upon which facts your divorce is based. While the reality of the situation may be complicated and take a long time to explain, there is one ground for divorce – that the marriage has broken down irretrievably. There are then five facts upon which the divorce can be based. Some of these you can declare by yourself, others require both parties to agree.

You Have Lived Apart for More Than Two Years

Perhaps the simplest option is where you have been living apart for more than two years. In order to file for divorce on these grounds, both parties must be in agreement.

You Have Lived Apart For At Least Five Years

If both parties cannot agree, you need to have been living apart for five years or more.

Desertion

Desertion is slightly different to the above in that one party has left the other without cause and without agreement. In this case, you can apply for divorce without agreement of the other party as long as you have not lived together for more than six months in a two and a half year period.

Adultery

Adultery is where your spouse has had an affair with someone else. In the simplest cases, the partner will admit to the adultery. If they will not, you need to speak to your solicitor about what to do next. Some form of evidence may be required for consideration by the court. If adultery is committed and you live with your spouse for six months or more afterwards, you cannot file for divorce on these grounds.

Unreasonable Behaviour

Unreasonable behaviour is a broad category. It may include domestic violence, abusive behaviour, problems with addiction, repeated trouble with the law and so on.

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