Do people really understand why they wait for a 2-year separation before they start a divorce?
- I have often heard, it is because parties believe it is kinder. They appreciate the marriage is at an end, but they don’t want to say ‘bad things about one another.’
- Because they believe it is quicker and cheaper
- Because they think it is an automatic divorce after two years of separation.
None of these reasons are true, and it often causes other problems.
Whatever of the five reasons you cite to support your ground that the marriage has broken down irretrievably, every divorce goes through the same paperwork. Every divorce goes through the same process. The same response is required by the respondent, the same six-week duration from decree nisi to decree absolute is required.
But recently we have noticed spouses are using threats to have debts paid or get more assets from the marital pot; otherwise, they won’t sign the acknowledgement of service, when they receive it.
Using 2 years of separation as a reason for divorce needs the consent of the other party. If they do not go along with the divorce, you will need to find another ground for divorce. If you find yourself at a stalemate with your divorce with a 2-year separation, you cannot use a process server to serve the papers like you can with other grounds for divorce. You will have to pay more money and have your petition amended to unreasonable behaviour. This will also take you back to the starting position again.
But with that aside, there is another issue that can rear its head after two years. That is the division of the finances. Although many couples split some or all of the assets within the two years, others wait until they start the divorce. There are many things that can change within the two years. Even the discussions around the finance topic can bring all the bad emotion back to surface again.
It doesn’t have to be this way
There are a variety of choices, so before you make the decision to divorce now or wait two years, speak with us and get all facts. We are not here to promote divorce; we are here to promote a much kinder solution to the old fashion style divorce our parents and grandparents had. And I put a lot of this down to knowledge. We are so much more knowledgeable than our ancestors.