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When both you and your spouse want a divorce but you’ve not yet been living separately for two years and neither of you have committed adultery, then one of you will have to rely on the others unreasonable behaviour. As difficult as many assume this will be (and wait until the aforementioned two-year period has passed as a result) the actual technical definition of unreasonable behaviour is one that is very open. Indeed, as we’ve discussed previously, most negative behaviour will fulfil the relevant criteria. Provided that it satisfies rules regarding timescales, that is. Any behaviour relied upon in a divorce petition must have taken place within the six-month period that preceded the date on which the couple separated. To put it another way, if you and your spouse attended a mutual friend’s party on the 16th April 2018 and they proceeded to become heavily intoxicated before behaving lewdly and embarrassing you then, whilst there would be little doubt that their behaviour would be considered unreasonable, it would only be an acceptable example if the couple separated before the 16th October 2018. This can be problematic as, whilst we all behave unreasonably from time-to-time, it’s highly unlikely that four similar incidents will have taken place within the six-month period that came before a couple separated. Fortunately, there’s a simple and effective solution. Use ongoing behaviour instead The best way around this is simply to cite examples of behaviour that were ongoing instead. Using the fictional incident discussed above as an example, the reason would read: Throughout the last year of the marriage until the date of separation, the Respondent would regularly become heavily intoxicated at social gatherings, with this resulting in him speaking to others in a rude and abrasive manner. The Petitioner regularly informed the Respondent that this left her feeling embarrassed, but the Respondent’s behaviour did not change. As you can see, instead of referencing a single incident, the example above instead discusses a pattern of behaviour. This can be done for multiple common examples such as failing to communicate effectively, withholding affection, spending excessive amounts of time on electronic devices or refusing to socialise. Just remember to strengthen any example you provide by stating that you informed the Respondent of how this behaviour made you feel and that they failed to take action. Do you have more questions about getting a divorce on the grounds of unreasonable behaviour? Simply click on the link to get in touch with our team of advisers today!