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When Can a Person File for a Divorce?

Whilst many people believe that they need to have been living separately from their spouse for at least 12 months before the courts will consider an application for divorce, Quickie Divorce can confirm that this is not the case. Contrary to this popular misconception, either spouse is able to file a divorce petition immediately following them and their husband/wife having begun to live separate lives, whether they are doing so in separate homes or even a shared property. If a couple have been separated for less than two years, however, then the courts will only consider their application if their divorce petition has cited either unreasonable behaviour or adultery as the reason for the marriage having irretrievably broken down. The couple in question will need to have been married for more than one year but there are no further limitations and the application will be considered by the court provided the correct ground has been selected. It is also very common for people to assume that a divorce is only uncontested when the petition states that the couple have lived separately for more than two years and that this is why the relationship has broken down. Considering that this ground is officially known as ‘two-year separation with consent’, this is entirely understandable. All divorces are uncontested provided both spouses want to end their marriages, however, and the ground that the Petitioner chooses does not affect this. To reiterate, a divorce petition can be filed as soon as a couple have begun living separate lives, though the court will not consider the application if the couple in question have been married for less than one year.

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