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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been married for 18 years, two children both 16 or over.

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I have been married for 18 years, two children both 16 or over. I have not been happy in my marriage for many years and have found someone else I want to be with. I don't know what grounds i can file for divorce under as i am the one who committed adultry, my wife will not agree to me claiming unreasonable behavior against her, and I am the one who left her only 3 weeks ago. What grounds for divorce can i use?

Hi,

 

Thanks for your question.

 

A person cannot petition themselves under grounds of adultery, only your spouse can do this.

 

Separation requires separation for either a period of 2 years (with spouse consent) or 5 years (without).

 

At the present time the only option if she will not petition you is to divorce on the grounds of her unreasonable behaviour. If you ask a solicitor to draft particulars of unreasonable behaviour and send them to her contained in a letter then it might bring home to her that you wish to divorce and precipitate either her agreeing to acknowledge a petition based on UB or deciding to petition you.

 

You should consider mediation though in the meantime:-

www.resolution.org.uk

 

It sounds as if the root of the issue is for her to come to the realisation that the marriage is over. This can take time. Once she has reconciled herself to this then it will be an easier issue to manage.

 

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Good afternoon,

 

 

Thanks for your question.

 

A person cannot petition themselves under grounds of adultery, only your spouse can do this.

 

Separation requires separation for either a period of 2 years (with spouse consent) or 5 years (without).

 

At the present time the only option if she will not petition you is to divorce on the grounds of her unreasonable behaviour. If you ask a solicitor to draft particulars of unreasonable behaviour and send them to her contained in a letter then it might bring home to her that you wish to divorce and precipitate either her agreeing to acknowledge a petition based on UB or deciding to petition you.

 

You should consider mediation though in the meantime:-

www.resolution.org.uk

 

It sounds as if the root of the issue is for her to come to the realisation that the marriage is over. This can take time. Once she has reconciled herself to this then it will be an easier issue to manage.

 

 

I will answer your follow up questions you may have.


Kind regards,


Tom

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