The Grounds for Divorce in England and Wales?
In order to get a divorce you need to have been married for more than twelve
months. You will also need to show that the marriage has irretrievably broken down. To do this, you will need to show one
of the following:
Adultery
You do not need to know the identity of the person with whom your spouse
has committed adultery and you do not need to name them on the Divorce Petition. However, if your spouse denies the adultery,
then you may have to produce evidence to support your allegation. This can be very difficult, and for this reason divorce
petitions based on this ground do not always succeed.
Unreasonable Behaviour
You will be asked to give examples in the divorce petition about your spouse's
unreasonable behaviour. You must also state why this has made it difficult for you to continue living with them. You may use
adultery as an example and you will not need to prove the adultery. This may be a better option than relying on adultery as
the only ground.
2 Years Desertion
You will need to supply the date of when your spouse left you and show
that you have not heard from your partner since that date. You cannot start divorce proceedings until your spouse has been
absent for two years. This can be difficult to prove and we do not recommend you use this as a ground for divorce.
2 Years Separation
In order to use this ground for divorce, your spouse must agree to the
divorce. You will need to put the date of the separation on the divorce petition and state briefly the reason for the separation.
If you do not know the exact date of the separation, you can give an approximate date, as long as it can be clearly shown
that two years have passed.
5 Years Separation
You do not need your spouse's consent to divorce on this ground. This ground
is therefore useful if you know that you will have difficulty getting your spouse's consent. You will need to give details
of the date of the separation and brief reasons why you separated.