Five years’ separation without consent
Who does this apply to?
To petition for divorce on these grounds, you must be able to prove that your spouse has left the marital home for at least five years at the time of the divorce application. You will be granted a divorce even if your spouse does not agree. However, be aware that your spouse has the right to ask the court not to grant a Decree Absolute if they are experiencing very serious financial difficulties.
Want to ask a question?
For a confidential discussion about your situation or requirements, you can contact Peggy Lethier by telephone or email: Contact
Adultery
To petition for divorce on these grounds of adultery, you must be able to prove that your spouse had sexual relations with a member of the opposite sex, which in turn made living with your spouse unbearable.
Unreasonable behaviour
To petition for divorce on these grounds of unreasonable behaviour, you must be able to prove that your spouse behaved in such an unreasonable manner that you cannot be expected to carry on living with them.
Two years’ separation with mutual consent
You can petition for divorce on these grounds if you and your spouse have been living apart for at least two years at the time you apply for divorce, providing that you both agree to it.
Desertion, when a spouse has left the marital home for more than two years
To petition for divorce on these grounds of desertion, you must be able to prove that your spouse has deserted the marital home.