Unreasonable behaviour after seperation

Hello

My wife and I have been having problems over the last year and in November decided it would be best to seperate. She is actually now on benefits (as a result of now being a single mother) and living with our two sons in the marital home.

The intention was always to try to resolve the issues we had, however things have actually deteriorated and I was wondering if after seperation in the manner described above, I can still apply for divorce under the grounds of unreasonable behaviour (which has happened in the past three months), or whether the judge would say you have already formally seperated?

Any advice would be appreciated.

Thanks

Hello and welcome to Wikivorce.

You can only use examples of the respondent''s unreasonable from the last 6 months of you having lived together as husband and wife and was the cause of the marital break-down.

Hi, and thanks.

I think I''ve understood but just want to be 100% clear. So even if we decided just to seperate and give each other space, although formalised it, and then decided to divorce after due to unreasonable behavious from that point, it makes no difference i.e. after moving out, the clock starting ticking.

Thanks again.

Actually, sorry another Q, and Im going around the houses but just want to know how the law stands on this.

If I were to say that unreasonable behaviour led to me moving out and the formal seperation (which happened in November), and I''m only applying now under those grounds as we''ve been trying to resolve other issues such as Finances, would that be permissible.

homealone12 wrote:

Actually, sorry another Q, and Im going around the houses but just want to know how the law stands on this.

If I were to say that unreasonable behaviour led to me moving out and the formal seperation (which happened in November), and I''m only applying now under those grounds as we''ve been trying to resolve other issues such as Finances, would that be permissible.

Yes you can use Unreasonable behaviour under those grounds..

So to clarify, if you are petitioning it must be your wife''s unreasonable behaviour in the 6 months before you moved out.


LB