The basic guidelines are as follows:
- To Divorce you must have been married for at least a year.
- Unreasonable behavior
- Separation - 2 years with each others consent
- Separation - 5 years without each others consent
What is unreasonable behavior?
It must be demonstrated that you spouse has behaved in such a way that you cannot reasonably be expected to cohabit with them.
However, to site relatively mild allegations such as have little or nothing in common or have separate interests may suffice and make the divorce petition go though more amicably, quicker and more cost effectively.
What constitutes adultery?
Your must be able to prove through actual admission (or sufficient circumstantial evidence) that your spouse has had sexual relations with another person and has made living with them unbearable.
Two Year separation
This is when you both consent to live apart for at least two years preceding the presentation of the divorce petition and you both agree to getting a divorce.
Five Year separation
This is when you both live apart for at least five years preceding the presentation of the divorce petition and your spouse need not agree to getting the divorce.
This is when your spouse deserts you for a continuous period of at least two years. This route is rarely used as the cost can be prohibitive and sorting out the matters relating to the children and finances can be difficult.