Family Law Matters

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    Jo Spain, Family Law Solicitor (Photo)

    Written by Family Law Solicitor, and Partner, Jo Spain.

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« January 2010 | Main

February 2010

My wife/husband and I have separated: should I wait to divorce after 2 year's separation or should I start things off now?

This partly depends on whether any of the other reasons for divorce apply now. If you have not been separated for two years then the only way you can divorce earlier is by reason of the other person's adultery or their unreasonable behaviour.

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My husband/wife has committed adultery. Should I name the other person in the Divorce Petition?

The short answer is that you are allowed to do so but my advice is that you do not.  The Divorce Petition is not a public document.  It does not hang on the wall of the County Court for all to see and neither can just anybody ask the Court for a copy.

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