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I want to remarry but my husband says he will fight my divorce: how long must I wait?

by Conrad Murray — last modified 2007-04-05 06:26

I've met a lovely man and we want to get married but my husband (who left the family home) will not agree to a divorce and says he will fight me all the way. How long do I have to wait until he has no choice in the matter. Would it help if I committed adultery or somehow shamed him into it?

You cannot rely on your own adultery as a reason to divorce.

Even if you have been separated for two years it is unlikely from what you have said your husband will consent to the divorce.

If the marriage ended because of your husband's unreasonable behaviour you could commence proceedings relying on this. But if this is not the case as desertion does not apply and in the absence of your husband committing adultery, I am afraid you will need to wait until you have been separated for five years when you can commence proceedings for divorce and obtain it without your husband's consent.

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