Grounds for Divorce

Originally written by Dave Howell, updated by the editorial team on 2nd April 2026

If you are thinking about divorce before you go any further with the process that will dissolve your marriage you must be sure that you have legal grounds to ask for a divorce. In law only certain circumstances will be granted a divorce by the courts.

In England and Wales, since April 2022, the only ground for divorce is that the marriage has irretrievably broken down. You no longer need to prove any specific facts or assign blame. However, in Scotland and Northern Ireland, different rules apply.

If Both Parties in the marriage have Lived Apart for More than 2 Years

If the divorce isn’t contested, a divorce will usually be granted in these circumstances. It is possible for two people to continue to live in the same place, but to carry on totally separate lives. The court will want to see proof that you and your spouse are living separately that can include sleeping, cooking and washing independently.

If Both Parties in the Marriage have Lived Apart for More than 5 Years

If this amount of time has elapsed the divorce will usually be granted even if one party contests the divorce. One party in the divorce may claim they would suffer financial hardship if the divorce were to be granted. It is a good idea to discuss the details with a solicitor if you are going to use this fact as the basis for your divorce petition.

If One of the Parties in the Marriage Deserts the Other for More than 2 Years

Desertion is defined as leaving your partner without good reason. Also, the period of desertion must be continuous. Short periods of desertion cannot be added together.

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If One Partner Behaves Unreasonably Towards the Other

This can be serious misconduct due to excessive drinking, but can equally mean things like working long hours and ignoring family responsibilities. The court will have to make an objective decision about whether the behaviour is unreasonable and therefore grounds for a divorce.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

If One Partner Commits Adultery with a Person of the Opposite Sex

Sex with a person of the same sex is not considered adultery. If you continue to live with your partner for over 6 months after discovering they have committed adultery it is unlikely that the court would grant your divorce based on this fact as too much time has gone by. You do not have to name the other party in the adultery. But if you don’t know their name, you must state this in the divorce petition you send to the court.

Note that in England and Wales, civil partnerships follow the same no-fault dissolution process as divorce since April 2022. The only ground is that the partnership has irretrievably broken down.

To begin the divorce process, you'll need to complete the correct paperwork for your situation using our free Court Form Finder.

Grounds for Divorce in Scotland

All of the five facts regarding grounds for divorce apply in Scotland except desertion that has now been abolished as a ground for divorce. Also, you only need to have lived apart for 1 year in Scotland to be granted a divorce and not 2 years as in England and Wales. The five-year separation fact is also reduced to 2 years if you live in Scotland.

Grounds for Divorce in Northern Ireland

The five facts apply to divorces in Northern Ireland. However, the do-it-yourself divorces that can be completed by simply filling in forms are not possible in Northern Ireland. All divorce cases are heard before a judge.

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107 questions

Ask Courtroom Advice a Question

ndi 05/06/2020 at 4:29 am

my husband wants a divorce as he claims he no longer loves me. but I have proof that he is cheating and I found a message telling the gal that after our divorce he is going to marry her. I don't mind divorcing him but I don't want to get out of the marriage with nothing. we have no house or savings , but he has a state pension. is it possible to get his half

Sandytom 05/02/2020 at 8:15 am

I have been divorced since 2016 without s clean break or separation of finance this is in England do I have a time frame to apply to the court for a financial separation / clean break last year my former husband of 25 years came into money and property through a will from hid deseased Parents estate

Elaine 06/04/2018 at 11:19 am

my husband was sent to prison in 2005 and is still there we were only married for 3 weeks before he was arrested and taken straight to prison I want a divorce but do I do it the grounds of desertion or 5 year separation?

Paulo 25/10/2017 at 5:33 am

My wife committed adultery and admitted it. I know the 3rd parties name but not their address. Can I still use this as a reason on the petition?

AliD Editor 24/10/2017 at 3:18 pm

@Kaz - unless you've had a clean break divorce, then it leaves the door open for your ex to claim on your marital estate. If you can prove the money came via external means, then this should be OK. But if any of the money you have used was money that might be construed as joint money, then he can definitely come for this. It's unlikely he will though if you've drawn up a separation order.

Kaz 20/10/2017 at 10:00 pm

If a husband leaves for someone else and has been gone( living with another woman) 5 years with no contact or financial support he was never registered in any way at being at the home i inherited and since sold paid my brother his half and mived into my own property i took out a seperation order after 2 years if i file for divorce now does he have a claim to anything he has never lived at my present address or contributed anything

Milly 02/09/2017 at 11:55 am

My husband has been in prison for 12 years, I have wanted to divorce him for a long time but couldnt afford court fees and he keeps saying he wont sign any papers. However Im wondering can I use the 5 year seperation? and do the court send papers to a prison?

Katona 05/05/2017 at 10:13 am

Hi I've been separated now for 4 years and haven't a clue where my ex is. I want a divorce from him but don't know how I will do this without him being around. His phone number is no longer in use and I have no idea where he is living or anything like that. I just want this over with

Jewels 15/04/2017 at 10:37 am

My husband and I have been separated for 7 years, he has bipolar and is currently sectioned as he tried to kill himself last week, my family say it is time I divorced him as they say i am legally responsible for him and legally liable for funeral costs, I agree it is time to sever the ties and have spoken to him and he agrees too, can I go ahead with a diy divorce on the grounds of separation or will I run into difficulties due to his current predicament?

Mile 08/02/2017 at 6:42 pm

I have separate from my ex in 2014 I had not money and asked for legal aid which was not available for me. However I married my ex in Colombia and we came back pregnant to live in the U.K. With him and his family I was submitted to verbal and emotional abuse from him and his family. Now he has applied for the divorce on the grounds of unreasonable behaviour and made a false statement against me on the base I was the one who abuse him. I don't know what to do I have evidence of all his abuse during the last 9 years as I try to seek help but what are my chances of contesting the grounds of the divorce and prove that all of that are lies. Please help with any information that you can give me I would appreciate thanks

CourtroomAdvice Editor 08/02/2017 at 12:25 pm

You might have to get in touch and ask her directly.

Jknight1975 07/02/2017 at 10:58 pm

I split up from my wife in 2005 we have no kids together or no financial ties,she contacted in 2009 an said if she sends me divorce papers would i sign. i agreed to do this gave her my address but never received any divorce papers,
I have not heard from her since, i was wondering were i stand

bella 14/01/2017 at 8:12 am

Hi my partner is wanting to divorce his ex on grounds of her adultery as it was that that ended up with them separating. She is refusing to as she does not want to be named as the one to blame, she is now trying to be funny about things and has said she'll do it if he writes one too, as he is wanting it over and done with and with no fuss, should he or should he fight it out which is going to pricey?

Perri 09/01/2017 at 4:53 pm

Hi my husband left me 3 years ago after 2 years of marriage, his left the country last I heard he lives in Canada and has apparently remarried I was never sent divorce papers and we got married abroad. I don't know where to start I have no idea were he is, I really want a divorce but I don't know what type of divorce to apply for. We never legally lived together as we were quite young. What should I do?

335 31/12/2016 at 7:49 am

What I should have wrote was "I don`t accept she wants a divorce on the grounds of adultery".

claire1978 26/12/2016 at 2:57 am

I have been with my partner for 15 years and we now want to get married. he was married previously in 1999 and has had no contact with his ex wife since 2001. How do we go about finding out if he is divorced when we have no idea where his ex is and have no contacts with her family or frineds (its been 15 years)

CourtroomAdvice Editor 29/11/2016 at 2:32 pm

I am very sorry to hear this. Unfortunately, in order to file for a divorce a reason has to be given and there has been an push for a no-fault divorce, as the current system is viewed as outdated for the 21st century. However, the current system still requires the petitioning spouse to list faults of the other person (where no faults may actually even exist). But, this is where the solicitor's make their money, especially if the petition is counter-claimed or denied. I can only suggest you speak to a legal professional regarding this, as much depends upon which stance you wish to take. The reasons your ex may give may not be contentious ones, it's just that if he wishes to file for a divorce, then the court will expect him to come up with some. The court is neither interestsed in the reasons, they are rightly or wrongly simply a requirement made in order for the petition to progress.

Bumblebee 29/11/2016 at 8:53 am

Hello, I've been married since 2008. Husband in RAF so away a lot. We have two children 7 and 4. He had affair when I was 5 months pregnant with our youngest. Went to relate etc. He left me for another woman July 2015. They've had a baby. Myself and my children were being evicted from the military home in Wiltshire (as that is where he was posted) No help from husband to find anywhere to live. I ended up moving up to Lincolnshire to live near my sister for support. He is no saying he's divorcing me on grounds of unreasonable behavior. How can he when I've done nothing but try and save my marriage?!

Cat 19/11/2016 at 5:37 pm

Hi my husband and me split up 2015 but I want a divorce he keeps saying he's going to do it but never does we have been separated since and I live in poole and he lives up north how do I go about it myself to get it sorted I'm sick and tired of waiting with one excuse after another many thanks cat

CourtroomAdvice Editor 17/11/2016 at 12:30 pm

I am sorry to hear this. If you are contemplating starting divorce proceedings, please see CAB which

emerson40 16/11/2016 at 11:21 pm

me and my partner separated on our anniversary this year 2016 as she claims she no longer cares for me we were married for sixteen years what do I do

Deb 28/10/2016 at 4:58 pm

My ex was abusive cheated over 4 affairs that I know of there is a baby to another woman he was contolling I haven't been with him for two years am very frightened of him he already said that he not going to give me a divorce I got no address or phone number but am to scared to ask his family I got learning disabilities please help

CourtroomAdvice Editor 05/10/2016 at 12:14 pm

Can you prove you have been separated for this amount of time? A utility bill or proof you were resident elsewhere may help.

Dee dee 04/10/2016 at 2:39 pm

We have been seperated for 5 year. I have sent divorce papers. My husband denies we have been seperated this long what do i do

France 03/10/2016 at 8:48 pm

My husband left me in April and rented a flat he said he couldn't live with my kids .we have lived separate since then he promised he would still give our marriage his full attention but not under the same roof . We had a row on September 3rd 2016 because I wanted to spend the night with him . He ended our marriage by text the next morning . I've not heard from him since . I want to divorce him what grounds would this come under x thanks so much .

CourtroomAdvice Editor 30/09/2016 at 2:43 pm

I am sorry to hear this. There are various online informative websites advising on the best options regarding divorce, please see CAB which

CourtroomAdvice Editor 16/09/2016 at 2:28 pm

You can see more via the CAB link here which will tell you more.

sweetpea 16/09/2016 at 1:02 pm

My husband had an affair in May2016 and left. I won't divorce him. He's now divorcing me on grounds of unreasonable behaviour..I presume from the swearing texts i sent him. We have a child aged 16. We have agreed maintenance . Out marital home is being sold and proceeds split
Which has already been agreed. Do I need a solicitor if he is divorcing me 0n these grounds. I cannot afford to keep paying for one.

Raz 10/09/2016 at 10:58 am

Me and my wife have separated after 20 years marriage.
She has committed adultery at least four times and Because we are joint tenants in a council property .
Who has the the rights to the house.

CourtroomAdvice Editor 15/08/2016 at 11:26 am

If you want to divorce your husband or wife, but don’t know where they are, the court can end the marriage without sending them the divorce petition. Please see gov.uk whichAlso, it offers more generalised advice here. I hope this helps.

Rachel 14/08/2016 at 9:27 am

My husband is mentally ill, I ended our marriage nearly a year ago & have a partner who I live with. I have no money for a divorce so need it to be done quickly & cheaply, we don't have any assets to divide, my ex has no contact with the children by his own choice & I don't know where he lives or how to contact him but I'm desperate not to be tied to him in anyway, I really don't want to wait, what can I do ?

Cat 13/07/2016 at 6:49 pm

I found out my husband of 10 yrs and been living together for 14 yrs and together for 20. Had an affair I stayed for 3 month. Then took my 3 children and left the family home. What can I divorce him on and what can I expect to get in the monetary settlement. We have a house and a holiday apartment. He has a pension.

CourtroomAdvice Editor 16/06/2016 at 10:57 am

Adultery and unreasonable behaviour are the two most common reasons given one half of a couple as a reason for divorce. However, there are time limits involved in claiming adultery as the reason and you must file the divorce petition within six months of becoming aware of your husband's adultery. Perhaps some legal advice may be available here - you may be able to get some free advice from a solicitor before you decide to petition for the divorce.

Caz 15/06/2016 at 9:19 am

My husband and I split up a year ago due to his constant work commitment an no family time. We have been married 35 years. He met someone else in September after we split in April and had a relationship with this woman. He proceeded to tell me when I found out that it was over with her and wanted to try our marriage again. But he lied and I found out he was seeing both of us. Can I divorce him for adultery. We have not lived together since we split up in April last year.

JAM 02/06/2016 at 5:45 pm

My partner raised a divorce action(Scotland), court date was raised for judge but we then agreed financial terms. All paperwork signed at court today but my partner has not signed the affa david. He now has his cash and is a drinker. If he then does not sign the paperwork with his lawyer, how can I go ahead with the divorce or am I in limbo?

CourtroomAdvice Editor 01/06/2016 at 11:10 am

The easiest way to obtain a divorce is if both parties agree and wish for an easy resolution. However, if the divorce is contested, then the process will take a lot longer and can end up going to court, which will also be considerably more expensive. If this happens a judge will consider the evidence and decide whether a decree should be granted. However, living apart for more than five years is usually enough to get a divorce, even if your wife disagrees.

Sarah 31/05/2016 at 10:52 pm

Hi I went to prison for 16 months, moved back to the home address for a month then into my own place. Does this count as a two year separation???

Nigel 31/05/2016 at 1:59 pm

Me and my wife separated' I moved out the family home and lived elsewhere. I then met another woman. To which I now live with. But my wife will not divorce me because she is saying she is going to make it as hard as possible for me. And make out I commited adultery when I didnt. Please help and advise me on what I can do

roseanne90 11/05/2016 at 11:54 am

Hi, my husband left me and moved out 7 months into our marriage and now wants to divorce me on grounds of adultery, as I now have a new partner, whom I met after we had split up. We split due to him consistently being financially irresponsible and not contributing with household tasks, nor fulfilling my emotional needs. I do want to divorce, as he left me unable to afford the rent and i have had to move home in able to eat and pay bills etc My sister told me not to sign anything like a statement of confessional adultery (i had said that i would in order to speed it up) in case he tries to sue me for his legal costs or tries to make me sell my one and only asset - my motorcycle which is my only form of transport. Can he do this? I cannot afford a solicitor. Will I need one?

CourtroomAdvice Editor 13/04/2016 at 10:49 am

Please see gov.uk link herewhich should help you further.

redhead 12/04/2016 at 7:35 am

My husband left me in 2013 I haven't heard from him now for over
2 years his changed his phone number iv'e got no Idea where his living on what ground can i get a divorce on he left me with all his debts i'm disabled and on DLA and Employment support allowance how much will it cost me for a divorce advice please

CourtroomAdvice Editor 06/04/2016 at 10:28 am

It sounds to me as though these are just as you say empty threats with no basis or foundation. However, it may be worth mentioning this to your solicitor, if you have any concerns.

CourtroomAdvice Editor 05/04/2016 at 10:47 am

In order to apply for an annulment you need to show that the marriage was not valid in the first place, please see gov.uk whichIf you go for a divorce and your wife attempts to claim part of your estate, a court would look into how long you have been separated, whether you had children, whether you owned your property prior to the marriage etc, all which will be taken into consideration. I therefore suggest you seek some legal advice to clarify your position.

Steve 05/04/2016 at 1:42 am

My husband of 9yrs we are at the nisi stage, recently he has contacted me informing me I am not going to get anything financially from him, and threatening me with empty threats of disclosure in court that he says he is not going to be held responsible for in court. I am not sure what he is talking about as he will not disclose. Can he do this ?Should I inform my solicitor?

Steph 04/04/2016 at 7:59 am

Hi there about 3 months into the marriage I left my wife because she became abusive and I then decided to leave her now I'm stuck in a position of whether to apply for annulment or wait for a divorce also 2 weeks after I left her she got into a new relationship if I wait for the divorce will she be able to get 50% of my poses ions of me or? Thank you

Luna7 03/04/2016 at 10:50 pm

My ex left me in 2010 I fill for a petition in 2013 he receive the paper and refuse to return I
Apply the deemed service the JUGE refused to grant my demande the send Amended petition now I just been told that my ex is in prison in Jamaica since last year I don't no what to do I am no working and is very hard to see a legal help solicitor please you no any I leave in w3 London Thankyou for your answer I am very depressed

CourtroomAdvice Editor 23/03/2016 at 2:31 pm

You can get a divorce if you have been married at least a year and your relationship has permanently broken down, which will explain more.

Ang 23/03/2016 at 1:19 am

I got married in 2012 and eleven months later I fled the marriage due to violence. I would like to get a divorce and use my maiden name as I don't want to be associated with him. I stopped all contact with him within a month as he was still trying to manipulate me and I was getting stronger and realised that the relationship was wrong. I don't know his whereabouts and he didn't have any family members. How do I go about getting a divorce?

Cantrun 21/03/2016 at 2:50 pm

My husband left our home 3 weeks ago after 29yrs of marriage. He has cited not being able to cope with all the arguments as his reason. 2 arguments in the last 5 months is not what I would see as a reason. However, he has made efforts to leave me twice in the last six years and I have fought to save the marriage. I now don't want a reconciliation as I cannot keep living with the uncertainty again.
I am in receipt of ESA and DLA living in Northern Ireland. Would I qualify for Legal Aid and would I be granted a legal separation on the grounds that he has deserted me.

Andie 09/03/2016 at 3:01 am

I got married in 1988 under one name. A few years later he changed his name and mine because immigration said he was using the wrong name. The name was never changed in the courts. We just started using the correct name. When we decided to divorce we got it under the new name which I was told might make it void because marriage licence was issued under one name and divorced under another. What I want to know are we still married or not.

CourtroomAdvice Editor 07/03/2016 at 1:43 pm

International divorce in the UK is a complicated field regardless of you applying for desertion (which you can claim when you have not heard from your husband in over two years). The fact that a marriage took place in a particular country does not mean that the divorce also has to take place in that country. However, due to the compexity of your case, I can only suggest you take legal advice.

Gab2011 06/03/2016 at 4:35 pm

I got merried in Nigeria in 2007 and my husband who is a Nigerian national had to stay behind. We have been in touch for approximately a year after that until he changed his telephone number and I haven't heard from him since. I have no idea if he remarried and haven't talked to him in 8 years. I am now in a 3 year relationship and we are planning to get married in the next year or two. I am positive that this is a case of desertion but I don't know where to start or how expensive this could get for me. Can I get divorced in the uk or do I have to sort it out in Nigeria?? Can you please have be me some advice on how to start?? Many thanks

CourtroomAdvice Editor 23/02/2016 at 11:05 am

I am sorry to hear this. Please see article: Defending Your Case in the Divorce Court, here which tells you how a divorce can be contested. However, be warned a contested divorce can become an expensive battle if prolongued which will obviously impact on you.

millie 22/02/2016 at 1:19 pm

my husband of 15 years has been having an affair for almost one year. Now he has made this girl pregnant and now he wants to file for a divorce so that he can marry this girl. Can I contest this divorce as I feel very bitter about his adultery. He suffered a stroke and I looked after him with all my heart and now all his friends are laughing at me for being a fool and I feel very humiliated about all this and it has brought a lot of pain emotionally that I have suffered with high blood pressure. Please help me with the best advice.

CourtroomAdvice Editor 19/02/2016 at 2:41 pm

I am sorry to hear this. If the mother and your ex agrees, then yes, if she is settled and happy. You may wish to consider Mediation in order to make put the agreement officially on paper, in order to avoid any future backlash.

Becguez 19/02/2016 at 6:03 am

I married a Tunisian national in 2004 in Tunisia he moved over here after 2 years we decided it wasn't working he missed his family and left the UK in 2006 to return to Tunisia. It now 2016 and I am now in a position were I can afford to pay the court fees. I believe he may have remarried in Tunisia I have no forwarding address. I don't know how to go about getting divorced any advice would be much appreciated. Many thanks

Bevyjane 18/02/2016 at 8:02 pm

My husband of two and a half years has left me today for a woman he works with. This isn't the first time he has had an affair, went met nearly 30 years ago and had two children now 27 and 22. When my children were young he left me on numerous occasions to go and live with another woman (always the same one) but every couple of years he would come back to me as he got fed up there. (I know I was stupid) He eventually had a child with her who is now 15. In 2010 he had a stroke and a month later married her, 8 months later she bought him to my house and told me she didn't want him living with her anymore. He was still the father of my children so I felt sorry for him and he was still affected by the stroke, couldn't use his left arm and leg properly and of course couldn't work so was not bringing in any money. I supported him and helped nurse him back to health, he went back to work and we became closer and eventually married in 2013. Things were great and his 15 year old daughter came to live with us in May 2015 as she was having conflicts with her mum. We have always got on well and she has always treated me like a second mum. Over the past few months I have seen the tell tale signs return, I always know when he is seeing someone else, call it women's intuition! ! I have approached him about it on several occasions but he always lied his way out of it. Anyway, he eventually left me today and his 15 year old daughter wants to carry on living with me and her brother and sister. She is settled in a new school made new friends and is doing well with her grades. She said she has no respect for her mum and dad and feels wanted here. Where do I stand, can she legally carry on living with us.

RichD Editor 15/02/2016 at 11:59 am

@Fedupwife - The courts will very rarely look to punish an adulterous relationship. The most your ex will be able to pay is the court fees. But if you have a child and you dont want to sell your house then a court might let you live in it until your son is 18.

Fedupwife 14/02/2016 at 11:02 am

My husband of 16 years met a woman online in early Dec /15 and I found out 26th Dec /15 he moved out 28th Dec. He introduced our 13yr old autistic son ( against my wishes ) to this woman mid January/16. I have cited adultry without using her name at his request as he is moving in with her. What are the implications financial or other for them both if she is named . All he is concerned about is selling the house and having a clean financial break so he can move on.

loza 08/02/2016 at 9:46 am

I got married in august 2014 i was with him for 10 years... he left me 9 months ago because he found out i had a credit card and a loan... he is now filing for a divorce and he wants to put drugs on the dirvorce papers.. i sometimes went out and had a few drugs but i was no druggie and im fuming... does it affect me what is put on the papers ???

Gudi 04/02/2016 at 8:46 am

Can I divorce my husband for desertion after one year apart I do not know where he is living.

Kari 29/01/2016 at 10:14 pm

My husband of 30 years has a serious drink problem which started several years ago and this is affecting both mine and our grown up children's life. I am at my wits end with no one or no where to turn. Would this be acceptable grounds for a divorce and if so who do I contact. I have no money and don't work so have been dependent on my husband for years, so I therefore have no idea how to go about it.

CourtroomAdvice Editor 25/01/2016 at 11:07 am

Technically, adultery can be used as the basis for a divorce petition whether your partner and his ex are still living together or not.

Nicolad 24/01/2016 at 8:22 am

My partner who is still legally married ended his marriage back in October 2014, on the grounds of no longer loving his wife. He then moved out of the marital home in January 2015. 5 months later he met me and we have been in a relationship for the past 9 months. Recently he approached his wife to obtain 3 evaluations on the marital home, as he wanted to either (a) give her the opportunity to buy him out or (b) the house be put up for sale, as he has given her a fair and realistic price of what he wants. They were not going to go down the divorce route until the second year of separation. However, until now she has said that she has been to see her solicitor and obviously mentioned that he now has a new partner, therefore things are different, and she is wanting to push forward on the grounds of divorce, basing it on adultery. Can I be cited, even though we began our relationship 8 months after he ended his marriage, or is it still because he is legally married, this cause for adultery is being raised?

Lish 22/12/2015 at 9:22 pm

Ive recently found out that my husband was in a relationship with another women. We have only been married for 6 months. Can I get a divorce on grounds on adultry or do I have to wait for 6 months? I've been told different things and don't know what to do. I just want to divorce him and don't want to drag this out for 6months

samila 18/12/2015 at 1:26 pm

my husband left me 7 months ago without any explanation. he is having an affair with a young girl. he hasnt contacted me i recently found out where he lives . i dont know what to do and this is killing me days by days. i am about to serve him a court paper on which grounds can i send him on : unreasonable behaviour lead him to move out with his new girlfriend or adultery? ive been married for 28 years . pls advise

CourtroomAdvice Editor 10/12/2015 at 2:06 pm

Yes, if you feel this was the cause of your break up and you want a divorce.

bigbird 09/12/2015 at 11:18 pm

My husband left me 9 months ago after constant flirting with another woman despite me saying he was hurting me. he left and started a relationship with her. Can I divorce him on grounds of unreasonable behaviour as this is the second time in 2 years he has done this

CourtroomAdvice Editor 04/12/2015 at 1:58 pm

I am sorry to hear this. If you want to divorce your wife, but don’t know where she is, the court can end the marriage without sending them the divorce petition. Please see gov.uk whichI hope this helps.

ilker 04/12/2015 at 9:29 am

9years ago i married a woman from England. After 2 months she left because she was pregnant with our child. It became hard to get in contactwith her. The last thing i did hear was that my child had died. After waiting 1, 5 year i did file in my country divorse. 2011i found her on internet. Asked her please sign the papers. She told me she still had our child. But broke again contact. 2013/14 i found her again and she started sending me baby pictures and 2 pictures of a boy. Saying this my son. She even convinced me i did speak to the boy. Again when the divorce came up she broke contact. Now i found out she not only lied about the child (there was no child) but she did live with several other man in England. 1 of them for 5 years and she did tell him allmost same lies. A baby .. losing it her age her name. She has several credit cards that have different sur names on them but her first name. I have the idea she maybe married with others or has partnerships with them. I dont live in England so that makes it diffecult. Is there any reason in this to get a divorse based on this.

debsie 02/12/2015 at 2:12 pm

I have been separated from my husband for 9 months and have met another man after I separated, my husband has found out about him and is now divorcing me and has stated an affair as the reason. My question is will I then get less settlement a day have to pay his solicitors fees?

CourtroomAdvice Editor 03/11/2015 at 2:48 pm

If you want to divorce your husband or wife, but don’t know where they are, the court can end the marriage without sending them the divorce petition. Please see gov.uk link, here.

CourtroomAdvice Editor 03/11/2015 at 2:30 pm

Please see our partner article: Defending Your Case in the Divorce Court, link here for more information. I hope this helps.

mandy 02/11/2015 at 7:46 pm

I've been in a civil partnership for 6 years but last year I walked out on the marriage as we wasn't getting on for a long time I want too divorce my wife but she has moved and I don't know where too so how do i divorce her?

Nikki 02/11/2015 at 6:36 pm

I have been married for just over 3 years but my husband deserted me after only 6 months of marriage. After me repeatedly asking for a divorce he has finally served the papers on me. I want the divorce but he has used the unreasonable behaviour grounds on my part when realistically it was his desertion that broke the marriage up. Is there anything I can do to change this. (He claims my unreasonable behaviour was my new relationship which started after he had deserted me, but he is also in a new relationship)

CourtroomAdvice Editor 02/11/2015 at 12:06 pm

Regardless of what he has done, it is very difficult to predict any outcome of your situation. You can refuse access to your husband. However, he could take it to court if he wants access to your children, whereby Cafcass would get involved. Please see link: What Goes into the Cafcass Family Report? here . If you change the locks, then if your ex is still officially living in the home and using it as his residence, then he may be able to apply to the court for an Occupation Order. If the Occupation Order is granted he will be allowed access to the property to live in the house, come and go and utilise the facilities. This might be the only option for those parties unable to afford another property or those unable to reside with friends or family.

SadOne 16/10/2015 at 4:23 pm

My wife divorced me last year after I was 7 years having treatment for mental health problems,
Living in an EMI Care home.
In an unrational moment of weakness I accepted an offer of just £30,000 when the total marriage assets were over £800,000.

Is it possible to appeal this settlement on the grounds of mental unfitness.

Happygirl 15/10/2015 at 11:31 am

I was married in Northern Ireland, my husband still lives there. I now live in England , I haven't been living with my husband for just over 3 years.
Do I apply for divorce here or in NI, I DO NOT WANT HIM TO KNOW MY WHEREABOUTS.
also can he still contest it as I thought the 5 years apart had been changed to 3?

LAMB 09/10/2015 at 10:00 pm

My husband deserted me after being married for 6 months, I want to get a divorce now (it has just passed out year anniversary). Is it possible? What should I do?

gbrael 09/10/2015 at 7:18 pm

My wife is divorcing me for Adultery to which I have admitted. However she INSISTS on naming and shaming the other party who lives in America. What happens if the other party 1) Does not Respond 2) Contests - am I correct in thinking that if there is proof she has received the petition there is no need for her to say anything ?? - Especially as I have admitted Adultery and my wife is not seeking any damages from her - she just want the satisfaction of knowing she has been named and shamed.

PLEASE HELP

CourtroomAdvice Editor 16/09/2015 at 12:26 pm

Fees for court orders are less if you have a low income or are on benefits. If your divorce is straightforward and uncontested, then you can do it yourself. It makes it easier as you have no property or children. However, going through mediation is also a less expensive option than taking it through the courts. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an agreement that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. In a straight-forward case where both parties agree the grounds for divorce and complete and return paperwork quickly a case can take on average six months, if neither party has to appear in court at any stage. I hope this helps.

mia 15/09/2015 at 1:21 pm

My husband been in prison for nearly 10yrs he got 12yr sentence,I want to divorce him how much would it cost me am on low wage.there's no property or savings, my children are grown up.how long will it take ,do i need a solicitor

Isla Editor 14/09/2015 at 12:29 pm

Mrs Mb - The judge will only proceed with the divorce if the two parties wish for a divorce to take place and can provide good grounds.

Mrs Mb 13/09/2015 at 1:35 pm

Hi,I am married for over 3 year...my husband decide he wants to divorce me civil,but still keeping the relationship and living with me ,as we are married religious also...as he thinks..his giving a chance to our relation...by doing this...so I want to know....if he still lives with me...and his agree to be in relationship...together...the judge will still proceed the divorce???

Kel 08/09/2015 at 11:31 pm

My husband left me unexpectedly 17 months ago, said he loves me but isn't in love with me nomore, he has since entered a relationship with a colleague and now wants to divorce me, he said he wants to put the reason as us not sharing the same hobbies etc, I won't agree as we did absolutely everything together, said he wants me to lie on the papers but I'm not prepared to, where do I stand with this and what sort of costs could I be charged if I contest it? Also can he divorce me on the grounds of ill health (not mental illness) a terminal illness?

Mary 06/09/2015 at 11:28 am

Hi thanks, I havent oriceeded with divorce proceedings yet as our daughter is getting married this month.Am wondering if A) I can mention his adultery which I forgave 3 yrs ago
B) I want to name and shame her, but she lives abroad in Spain.
C) I have a phone message from him saying how much he loves her and always will, even though they cannot be together.
D) Have seen 2 normal photos she sent to his secret phone, and a text saying not to call her on a sunday. Is this evidence of an affair.
E) am not worried about the financial side, and children are grown up.

James Editor 03/09/2015 at 12:09 pm

@Mary - If you are thinking it may affect your settlement, please be aware that the courts no longer financially punish someone over adulterous behaviour when it comes to the divisions of the marital pot (or emotionally punish them in the case of children), so it depends on why you should wish to do this when the divorce is presumably going through? If it is for another reason such as your ex wont give you a divorce, then you should run this by your solicitor and ask his/her advice.

Mary 02/09/2015 at 3:12 pm

In 2012 I found my husband was having an affair with his ex (after 43yrs) I forgave him, but found they are still texting each other(2015). Can I cite her in my divorce even tho it is passed 6 months and there is no proof of adultery this time, jusy declarations of his live for her, and normal photos from her??

jake 31/08/2015 at 9:42 am

My partner has been separated from his wife for nearly to year's, he applied for a divorce but she refused. She now has a new partner and said she would sign the divorce papers at a prise, surly if this is the case he should be able to do this with out her consent .

Jimmymac 23/08/2015 at 4:03 pm

My wife and I were married in England but she now lives in Scotland and has put in for a divorce. Can I contest it as we have a daughter together and I think when she comes to her senses, we can make it work again.

Jon 23/08/2015 at 3:29 pm

I need advice as to whether I can divorce my wife while she is in prison. The grounds would be 'unreasonable behaviour' for which I have much evidence.

Thank you

CourtroomAdvice Editor 06/08/2015 at 2:55 pm

A standard, uncontested divorce process can take approximately four months to get a decree nisi and perhaps 12 months for the final decree absolute.

Wevie 06/08/2015 at 2:50 am

Am I living apart from my husband from 2011 . The divorce is uncontested I signed and posted it to the high courts . When will my divorce be granted as I am looking to remarry in May 2016? Is there anything I can't do to speed it up . Who do I contact to find out?

CourtroomAdvice Editor 31/07/2015 at 11:35 am

@geemei - I'm afraid he would have to seek legal advice on this, as many divorces of this nature involve complexities and jurisdictions which go beyond a standard UK-based divorces.

geemei 30/07/2015 at 3:20 pm

My partner was married to a Filipino woman three and a half years ago who stole and deserted him 3 months after marriage. How long does he have to wait to divorce her without getting her consent as he cannot get in touch with her as she has left the country.

CourtroomAdvice Editor 27/07/2015 at 10:31 am

@Sara - this is all very well if domestic violence is an issue. However, if it is not and is based on a foundation of lies, then it could mean that an individual is prosecuted and sent to prison for perjury. No one should be accused of something they haven't done in order to get a quick divorce as it can damage others' reputations and lives.

Sara 24/07/2015 at 11:42 am

Learnt the quickest way to get a divorce is to go through the Domestic Violence route as there is a lot of support available. As long as you report it to the police and get some documented evidence from police etc the route to divorce is quicker and simpler.
Domestic violence doesn't have to be physical it can be emotional too.

Delicia54 08/07/2015 at 2:19 pm

Hi my partner married his spouse in England in July 2011 they then split in October 2012 he has been living in his country of origin Scotland since then and we entered a relationship in May 2013 and have lived together since nov 2013 he now wants to file for divorce but only has her last known address ( which he doesn't think she will still reside at ) and no other contact with family or mutual friends ....if he uses the service of a lawyer and they can locate her on what grounds could she contest this divorce ? And is it under English law or Scottish law if he filed for divorce in his country of residence Scotland and she resides in her country of origin England ? Thank you

Len 02/04/2015 at 11:31 pm

My husband left the marital home to live with a colleague who he had been having an affair with. We live in Scotland he has move to England. He says he itends to divorce ME in a no blame divorce without consent after 2 years of living apart. Can he do that - as I have NO intention of making it that easy for him

Will Editor 15/12/2014 at 1:20 pm

@Molly - unfortunately, it makes it much easier if a divorce isn't contested, a contested divorce will only lengthen proceedings and can subsequently increase costs significantly.

molly 13/12/2014 at 4:54 pm

I am trying to divorce my husband on grounds of his adultery with another woman who he lives with,and has admitted to it in an email to my solicitor. We have also lived apart for over 2 yrs. He is now contesting the divorce with an "answer"to the court. I own my house and their are no children from that marriage. I am also paying all costs. I really dont understand why hes contesting the divorse. What are the chances of my being granted a divorce without a costly battle?

BM 12/11/2014 at 12:40 pm

I'm in Scotland, my ex-husband and I separated in Jan but he couldn't afford to move out until July so we had to cohabit. Can I still apply for a divorce in Jan? Thanks

RichardM Editor 24/10/2014 at 12:54 pm

@Dave - I don't imagine any solicitor would actually advise your wife to actually go out and commit adultery. The solicitor might have asked questions such as has there been any adultery involved, because that would make for a quick divorce, or simply outlined the criteria under which a quick divorce can be obtained, adultery being one. A solicitor is there to advise on the back of the questions that his or her client asks, so if your wife has asked - is there something I could do if my husband wont leave, then a solicitor may have given advice about changing locks based upon that question. If you are worried I would see a solicitor yourself - it unfortunately and sadly seems like you might need to.

Dave 24/10/2014 at 9:16 am

My wife (unknown to me) has been unhappy for a while, and has decided she wants out of our marriage. She originally wanted to divorce me on financial grounds (although are money problems aren't that bad), when her solicitor told her that it could take 2 years, she asked if there was a quicker way. He then advised her to commit adultery, and then if I divorced her (BIG if) then he could get it done in 3 months. Also he advised her to change the locks and deny me access to my property with out any legal reason for doing so.

I want to know if it is right for a solicitor to tell someone to commit adultery in the hope that their spouse will divorce them. If it's not, what action can I take against him?
Also is it worth pursuing the illegal advice about changing the locks?

J 16/07/2014 at 7:41 pm

My husband left the family home 10 months ago in a state of depression, his condition has deteriorated and he is now trying to Divorce me on the grounds of unreasonable behaviour, the reason he is siting my unreasonable behaviour is because I disclosed his illness to 3 of our friends in the hope they would be there for him and support him. I have written evidence from him stating I am not to blame (he was bullied at work) and a long list of people who know he is ill, can I contest the Divorce on the grounds of his Mental Capacity? In addition to this he has either been pushed or quit his job, his boss knows he has depression and both our families fear he has been taken advantage of.

tj 12/05/2013 at 6:49 pm

I put a second divorce petiton to my husband , who I have lived apart from for 4 years , who has signed and returned to court to state he is contesting ,, married 28 years,, 2 grown up children , house fully paid which he still lives at this is probably his reason to contest ,having to sell the home to divide,, can he get away with this ?

Jim 23/06/2012 at 8:30 am

In a no-fault divorce, the first clause will be the most common reason cited for the divorce. As long as it's uncontested, courts aren't likely to look too closely into circumstances, especially if a division of all the assets has been decided on with the lawyers. It's the most common divorce citation. Sadly, when there's fighting over things, such as custody, it can become messier and far more expensive for everyone.

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