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If you do not wish to separate and then wait for two years to divorce with his consent, or wait for 5 years and divorce without his consent then your only option is to petition on the basis of his unreasonable behaviour.
For this, You would have to list 5-6 examples of his unreasonable behaviour towards you. The should mostly be related to his most recent behaviour and it can be things like not speaking to you, providing you with emotional support, verbal (eg. Nagging, insults etc) or physical abuse, unwillingness to engage in typical things that married people do (socialising, eating together, planning practical matters together), not contributing towards the expenses of accommodating yourself and the children, not engaging in physical affection, not helping you with children.
Typically, it is best to list each examples in the following order
- 1) First occurrence
- 2) Worst Occrrence
- 3) Most Recent.
There is lots of useful advice for lay persons considering divorce here:-
You should consider mediation, where an impartial family practitioner will arbitrate between you both in order to attempt to achieve your separation/divorce in the most amicable way possible.
If there are no assets of the marriage then it will be relatively simply in terms of financial settlement. If you are jointly named on a tenancy agreement then the liability will be joint and several, which measn that the landlord can sue either or both of you if any arrears accrue (regardless of who is actually living there).
You can ask a solicitor to draft the petition for you, or you can do it yourself. If neither of you instruct solicitors then the judge will likely ask that you attend court to check that you are both aware of the implications of your divorce.
It is important that if you are cohabiting together that you are effectively separated although you are living under the same roof (ie. no social life, not sleeping together not eating together etc).
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