Grounds for Divorce

What are the Reasons for Filing a Divorce Petition?
There is a rule in England and Wales, according to which if you want to get a divorce one should be married at least for one year. The irrecoverable marriage breakdown can become the main reason. It is important to substantiate irrecoverable breakdown by providing some facts for grounds for a divorce.

One of such factors is adultery. You can prove that your spouse had sexual relationships with someone other of the opposite sex. In case it was short sexual relationships, then you have to insist on unreasonable behavior ground. Giving the name of the person that is involved in these relationships can lead to difficulties of the divorce process. That is why it is advised not to name a correspondent in order to avoid complications. You can file a divorce petition after six months passed before you learned about the adultery.

Also you have to show arguments against your spouse that he or she behaved in such a way that your could hardly imagine when you were living together. But it does not mean that you have to show such sever arguments as excessive drinking. Such facts as having no common interests or devoting too much time to a career will be enough in order to be granted a divorce. In England and Wales unreasonable behavior is considered to be the main fact to prove the reason for your divorce.

It is advised not to use such arguments as your spouse left you without your consent for at least two years.

You can get a divorce in case both of you agree to present a divorce petition and you have been living apart for two years.

It is possible to file for a divorce petition without the consent of your spouse in case of living apart for five years

As for Scotland one can use the simplified divorce procedure that means you can do you own DIY divorce and another way is the ordinary divorce procedure, such procedure is considered to be more difficult and a legal advice should be used.

In order to divorce in Scotland one of you should be the resident of Scotland or you must have lived in Scotland for the year preceding the divorce.

You have to meet some criteria to use the simplified divorce procedure and to do your own DIY divorce, they are the following: uncontested divorce, no children under the age of 16, no financial orders from the court and living apart for at least one year.

But if you have children and have been living with your spouse for more than two years, then you will have to use the ordinary divorce procedure, it means you have to apply for help to a solicitor. To use such procedure you must have any of the following aspects: contested divorce or you have children under the age of 16, adultery or unreasonable behavior or you are seeking financial orders from the court.