Have I fluffed my chances of a quick divorce?
Discussion
Sorry folks, didn't there used to be a Law forum? Couldn't find it. Mods feel free to move if I need new glasses.
Wife and I split on the last day of 2008.
We remained living together due to finances and looking after kids. She met someone after 6 months and they got a flat together but due to my freelance work she still had a room in the house for when I was working long hours.
Around 2012 she decided to move back in and I looked to move out but then she got Breast Cancer so I stayed, in the attic, to help with kids, finances etc. Her boyfriend helped with getting her to hospitals etc and also helped with kids.
2014 I finally moved out. 2018 I ran out of money and work was thin on the ground so I moved back into attic of ex marital home. My 3 kids, her and her now ex boyfriend all under one roof.
Then began 15 months of sheer miserable hell, the only light being that I met someone who to be honest, is the only reason I'm still here
I finally moved back out just before Christmas.
Thing is, have I fooked the 2 years of separation needed for a reasonably painless and quick divorce.
Why oh why did I move back in, stupid stupid?
Wife and I split on the last day of 2008.
We remained living together due to finances and looking after kids. She met someone after 6 months and they got a flat together but due to my freelance work she still had a room in the house for when I was working long hours.
Around 2012 she decided to move back in and I looked to move out but then she got Breast Cancer so I stayed, in the attic, to help with kids, finances etc. Her boyfriend helped with getting her to hospitals etc and also helped with kids.
2014 I finally moved out. 2018 I ran out of money and work was thin on the ground so I moved back into attic of ex marital home. My 3 kids, her and her now ex boyfriend all under one roof.
Then began 15 months of sheer miserable hell, the only light being that I met someone who to be honest, is the only reason I'm still here
I finally moved back out just before Christmas.
Thing is, have I fooked the 2 years of separation needed for a reasonably painless and quick divorce.
Why oh why did I move back in, stupid stupid?
croyde said:
Thing is, have I fooked the 2 years of separation needed for a reasonably painless and quick divorce.
No, not at all.Separation rule is not about whether or not you lived under same roof, its about whether you were living 'separate lives'.
In your divorce letter part, explain the situation as you said and there will no issues, will go straight through. Just put every thing in there that shows you are not together, as long as it is genuine, Judge will be happy. Just be very clear that it was due to financial reasons and for kids benefit. Mention you and her both have new partners and the judge will stop reading right there!!
Whilst not the norm, many people end up living under same roof a while due to money reasons, as long as your were in separate rooms, not having meals alone together, had removed each other from social media (or changes status to single) and so on, then it matters not that you were under same roof.
Edited by hyphen on Tuesday 14th January 21:27
Also, as I'm sure you know, 2 year's separation is only one of the possible grounds- If you both want to get it done, perhaps you can find that one of you behaved unreasonably or committed adultery?
I know you might feel that these imply blame and you would rather not go there, but I managed to divorce by mutual agreement on the grounds of my ex's Unreasonable Behaviour, in our case because we didn't want to wait 2 years. We knew time was up, and it wasn't about blame!
Whatever you decide I wish you the best of luck.
I know you might feel that these imply blame and you would rather not go there, but I managed to divorce by mutual agreement on the grounds of my ex's Unreasonable Behaviour, in our case because we didn't want to wait 2 years. We knew time was up, and it wasn't about blame!
Whatever you decide I wish you the best of luck.
It is delicate, as much as you need the divorce, maybe you can search your heart deeper to ascertain if it is the best for you. Having courage to put up with the new boyfriend under the same room is more than admirable, few can do that. Whatever the outcome I wish you the best of luck.
Assuming this is in the UK? You should be fine given the details above. But that only gets the divorce rolling, so only overcomes the hurdle of the ex refusing to allow the divorce. If you both want a divorce then it isn't usually an issue.
The biggest benefit to you is that she is already shacked up with someone else (the 2nd someone), so you'll be less likely to get lumped with maintenance payments to the ex.
The biggest benefit to you is that she is already shacked up with someone else (the 2nd someone), so you'll be less likely to get lumped with maintenance payments to the ex.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff