When the Only Way Out is Divorce

Marriage can be a perilous path and everyone will doubt their judgment at some point or another. For around 140,000 couples around the UK though, divorce is the only solution. Unsurprisingly, child molestion cases statistics show that things tend to come to a head after holidays, Christmas especially, when any divorce lawyer with an ounce of reputation will have the phone ringing off the hook.
So, for anyone thinking of adding that divorce lawyer in London to their speed dial, they should bear in mind that, firstly, nobody can get a divorce if they have been married for less than a year, and secondly, the irretrievable breakdown of a marriage can only be proved by establishing one or more of the following facts:
Adultery best interest of the child examples
It must be proved, through admission or adequate circumstantial evidence, that a spouse has had sexual intercourse with another person of the opposite sex and that it is intolerable to live with them any longer. If a liaison that stops short of actual sexual intercourse has taken place, grounds of unreasonable behaviour can be used. The other person involved as a co-respondent can be named but this isn’t essential and is in fact rare. Naming the person can not only lengthen the divorce proceedings, it can also make things even more unpleasant and complicated. Petitioners are advised to consider very carefully if they do wish to name the other person in the proceedings.
Unreasonable behaviour
In England and Wales, unreasonable behaviour is the most common fact currently used as grounds for divorce. The petitioner has to show that their spouse has behaved in such a way that they cannot reasonably be expected to live with them. Common allegations might for example be alcoholism or financial profligacy; however, the court will grant a divorce when mild allegations can be shown. These can range from, for example, having no shared interests to having completely separate social lives.
This fact, rarely used, is where the petitioner’s spouse has deserted them without consent for a continuous period of at least two years.
2-year’s separation
Where both parties have been living apart for at least two years immediately prior to the presentation of the petition and they both agree to a divorce. Sometimes the court will accept periods of time where the parties have lived under the same roof but completely separately.
5-year’s separation
Where a married couple have been living apart for a minimum of five years immediately prior to the presentation of the divorce petition, this fact can be used. In these cases, the spouse receiving the petition does not have to consent to the divorce.
Miranda Wilson A�

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