This is what I hoped for however I am worried that the judge will see it different, because I haven't discussed the divorce with my wife yet so currently we are married and we are only living apart because my work is in China. I also go back three times a year for two weeks. I understood from you answer that the judge only will look at the fact that if we were living separeted for a period of 68 months before the divorce application.I want to make sure that when I go ahead with a divorce that I don't get surprises when we apply for a divorce in court.
1. The only surprises which could happen in a case of this nature is if your wife opposes the divorce and starts to argue that you were not "living apart" as you hadn't separated. It is fine if you both agree you were "living apart", but if she contests the jurisdiction, then you will be in a right pickle. A judge will not look behind the facts once you agree that you were living apart during this period. If the issue is contested, then all bets are off.Please ACCEPT the Answer. I will remain available to answer any further queries you may have.
Barrister 17 years experience
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