Unreasonable Behaoviour

Hi,
i would like to divorce my husband.
i have met someone else and yes technically had an affair but my marrigae was over long before it happened, although we were still living in the same house.

he will not divorce me and now i am left with what grounds i can divorce him on without causing too much frixtion.

we have agreed on visitation for our child and maintenence for her. we have a house to still settle on but i would really like to get the paperwork in now as it has been over a year and i feel like my life is in limbo.

Hi rsdeeva

welcome to wiki.

There are two options here - one you divorce him on the grounds of UB, or on the grounds of a 2 year separation.

For UB - You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. Unreasonable behaviour is now the most common fact on which to prove the ground for divorce in England and Wales. In an unreasonable behaviour divorce petition, the petitioner sets out a number of allegations against the respondent.

These allegations might include references to excessive drinking or financial extravagance, for example; but it's worth bearing in mind that the court doesn't insist on really severe allegations of unreasonable behaviour in order to grant a divorce. Relatively mild allegations, such as devoting too much time to a career, having no common interests or pursuing a separate social life may well suffice. Using mild allegations may also make it easier to agree a divorce petition with your spouse in advance.

For 2 year seperation - By consent, you and your spouse have been living apart for at least two years immediately preceding the presentation of the divorce petition and you both agree to a divorce.

I can understand that you just want to get the ball rolling and end the limbo that you currently feel.

The reasons for UB dont have to be extreme, as Ive stated above, they just have to show that you can not be "reasonably" expected to live with your spouse - Ive included some mild examples above, hope they help.

let us know how you are getting on

Ruby