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application for divorce

If you thought that starting a divorce, will end up with you in the witness box answering questions from a solicitor, forget it. Almost every divorce case is undefended, with very few cases ending up in court. Every stage of the divorce process is handled by forms which are to sent to the courts when required.

You can get divorced by completing a form called a petition and taking it to any county court.

To start your petition for divorce, you must have been married for more than one year, and you must be able to give reasons, to the court as to why the marriage is at an end.

The courts will accept one of the following reasons:

  • Adultery - that your husband or wife has committed adultery and that you find it intolerable to live with him or her.
  • Unreasonable behaviour - that your husband or wife's behaviour has been so bad that you can no longer bear to live with them.
  • Two year separation with consent - that you and your husband or wife have lived apart for at least two years and he or she agrees to a divorce.
  • Five year separation without consent - that you and your husband or wife have lived apart for at least five years.
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