UK Family Law
Ask an UK Family Law Question, Get an Answer ASAP!
Thanks for your question.
Of course she need not sign the divorce petition in order for you to submit it to court but she will need to acknowledge it in the case of unreasonable behaviour or adultery. Her consent is required in the case of petition on two years separation.
If you wife will not consent to a divorce petition based upon the fact that you have been separated for two years then your options are to petition either on the basis of adultery, unreasonable behaviour or wait for a further six months before petitioning citing a five year separation (for which you are no doubt aware that her consent is not required.
If you think that she will defend a divorce in open Court a petition based upon unreasonable behaviour and you do not wish to go through the stress/expense of this (ie. the airing of your dirty laundry in public so to speak) and there is no adultery then waiting for the five year separation is your only option.
If you think that she will not defend a petition based upon unreasonable behaviour but may not acknowledge the petition then you could issue a petition based upon unreasonable behaviour and have it personally served upon her by a process server that the the divorce may then proceed.
The key issue with unreasonable behaviour is whether you believe that she will defend and you willingness (or not) to proceed on a defended divorce. Such divorces are very rare, expensive, time-consuming and stressful.
If your wife has committed adultery then you could petition if this is admitted. If it is not admitted then this must be proved either by birth of a child or circumstantial evidence.
Periods cohabitation can affect your eligibility for a divorce.
The path of least resistance is a divorce petition based upon 5 year separation but if you cannot wait another 6 months then you should consider the above.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions. Kind regards,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).