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My husband has told me he wants a divorce as he wants to be with his mother. Can I divorce him for unreasonable behaviour?

My husband has recently told me that he would like a divorce but he has not given me any good reasons for wanting a divorce other than he wishes to be with his mother!!!!! I have tried in vain to reconcile the matter but have had no luck as his family are extremely controlling and will not let us reconcile. I would like to start divorce proceedings and would just like to know what I am entitled to, we have a home, car etc ... Also, because my husband has asked for a divorce for a bizarre reason, can I divorce him on the grounds of unreasonable behaviour?

For either of you to be able to divorce the other you would have to prove that the marriage had broken down due to one of five factors: adultery, unreasonable behaviour, desertion, separation for two years with both parties' agreement or separation for five years without agreement.

Unreasonable behaviour can consist of any behaviour which is not the way in which a reasonable spouse would behave and which the Petitioner finds intolerable. You could probably establish that his behaviour is unreasonable if you have other evidence that he has lost any interest in and affection for you, preferring to live with his mother.

It is impossible to say what your share of the matrimonial assets would be without further detailed information. If you would like details of fixed fee legal work, or would like to discuss the matter further with a family law solicitor, please let us know.

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by Maria Mason last modified 2008-09-06 17:24

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