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Reason for petitioning for divorce

Posted by Berty77 
Reason for petitioning for divorce
September 27, 2021 05:35PM
Hi Guys.

I'm about to instigate proceedings against the ex. She isn't wanting to get divorced even though we both have other partners and have separated for 2 years as of 22nd Sept. If I go down the 2-year route and she declines it, can I resubmit with unreasonable behavior? Or is unreasonable behavior the best option off the bat?

Thanks

Chris
Re: Reason for petitioning for divorce
September 27, 2021 07:48PM
Just go with unreasonable behaviour from the off, less hassle and you are t beholden to her agreeing to anything.
Re: Reason for petitioning for divorce
September 28, 2021 10:30AM
If you were to issue a divorce petition based on two years' separation and your wife refused to consent such a divorce would go nowhere and you would have wasted your money. It is very difficult to change a divorce based on two years' separation to one based on unreasonable behaviour because the original divorce petition stays on the court file so a court is very likely to say, 'How can your spouse have been unreasonable when you are separated?' Where there is any doubt about whether the consent for a divorce based upon two years' separation would be forthcoming it is safer to petition on grounds of unreasonable behaviour which does not require consent.
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