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unreasonable behaviour divorce

Going through the breakup of a marriage is never easy. It is a difficult, emotional and testing time under the best conditions, but can be made exponentially worse when filing for an unreasonable behaviour divorce.

This can make exchanges and proceedings complicated and uneasy for one or both parties involved, which is why it is always a good idea for you to seek professional legal help and advice.

What Constitutes Unreasonable Behaviour in Divorce? 

There are many reasons why you may file for divorce due to unreasonable behaviour, examples may include:

•    Domestic violence
•    Threatening violence
•    Verbal abuse
•    Emotional abuse
•    If one partner
       - is dependent on drugs or alcohol
       - is financially irresponsible
       - a gambling addict and has caused considerable distress
       - has had an affair or cheated on the other
       - refuses to discuss issues of the marriage
       - does not want to engage in sexual or physical relations

Depending on your circumstances, you may have additional reasons to those listed above for this type of divorce. There is quite a lot of leniency allowing acceptance of petition if you put forward acceptable examples of unreasonable behaviour in a marriage.

Read more: Divorce – The Five Minute Jargon Buster

Will the Charges be Scrutinised?

No. If both parties are agreed on divorce then it is highly unlikely that your claims of unreasonable behaviour will undergo much scrutiny.

However, if there is dispute there may be greater investigations into the charges put forth against the other partner. In this situation it is important to note down as many specific details as possible as it may provide the evidence needed to give validity to your accusations.

Remember: Divorce proceedings are private, including reasons for divorce, therefore only the parties involved will know what was included in the petition for divorce.

Defended divorces can be extremely costly and are rarely ever successful, however some people believe that defending the divorce will create a more equal division of matrimonial property and/or custody of children. This is untrue.

The reasons for divorce have no impact on the issues surrounding splitting property or custody and defending divorce can actually have a negative impact. By drawing out the divorce process you will be making it more complicated and stressful than it needs to be, which can result in strong negative feelings.

Is There a Timeframe for Divorce Unreasonable Behaviour?

Yes. In order to submit a divorce petition on these grounds, you must do it inside six months from the latest incident of unreasonable behaviour if you continue to live together. If one party decides to move out of the marital home then this timeframe is extended past the six months, but should still be filed within a year.

Read more: FAQ Series: Who Moves Out of the Marital Home?

Failing to file for divorce based on unreasonable behaviour within this time frame may mean that you will have to wait two to five years in order to issue a divorce petition for separation. If you are looking for a fast, clean break then unreasonable behaviour is one of the fastest processes, allowing both parties to continue with the rest of their lives with as little hassle as possible.

Let Howells Help

Need a divorce solicitor to guide you through the entire process and help to deliver an amicable end result? Talk to Howells Solicitors today on 0808 178 2773 or; with years of experience in dealing with unreasonable behaviour divorce cases we give you the personal care you need during these turbulent times.

Read more: The Key to Finding the Right Divorce Solicitor

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