If they are not prepared to wait for a period of separation of two years and then both agree to divorce on the basis of that separation then she will have to wait until a period of 5 years separation has been attained and then she can divorce on that separation without his consent.
They could divorce now on the basis of one petitioning the other on the basis of that person's adultery (if applicable) or on the basis of the other's unreasonable behaviour. Examples of U/B are often things like the following (but this list is not exhaustive: insults, threats, nagging, not providing emotional support, having intimate or improper relationships with other persons, physical violence, cruelty, failure to share household tasks, not having sexual intercourse, demanding sexual intercourse too much, failure to provide affection, having no home life together.
She would need four/five/examples of such beahviour and they must specifically refer to when /where they occurred, they cannot just be listed as above.
In order to divorce the petitioner must prepare a divorce petition and submit it to Court, it will then be issued by the Judge if he considers that the grounds for divorce have been proved (ie. that there is an irretrievably breakdown in the marriage). It will then be send to the respondent for them to acknowledged. Once acknowledged the divorce can then proceed to decree nisi (preliminary divorce decree) and then decree absolute (the final decree when they are no longer married) with the court's involvement.
A matrimonial settlement of the assets will have to be achieved and if she is to have residence of the child then she will receive a greater proportion and the child's welfare will be the primary consideration of the Court. A chief concern will be to see that the child is adequately accommodation.
If he is to leave the home now then he should make arrangement to pay child supprt and she can visit the CSA website for infromation on this.
They should consider mediation and they can contact http://www.resolution.org.uk/ about this or instructing solicitors.
There is lots of information on divorce available from HMCS's website:-
You will also be able to download the forms required to petition from this site.
If this is useful please kindly click accept so that I may be rewarded for my time. 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).