Less than a year of marriage, now a divorce

[P. Conseula]

My husband and I are both British Citizens who married in the USA in August 2007 and returned to the UK after our honeymoon. My husband went through a few mental problems since we arrived home and the result being a final arguement between ourselves and he calling the police. The police informed me that because it was his property I had to leave. This was in November 2007. Am I able to get a divorce now or do I have to wait a year before I am able to proceed with the divorce?

[themas]

Under English law, you have to be married at least 1 year before you can divorce. You then have to have grounds for divorce - from what you say the only likely ground would be unreasonable behaviour by your husband.

If you are unsure of what you are doing, you will probably need a solicitor or other help to deal with the divorce, but if there are no children it should be straightforward (assuming he does not oppose it) unless you have a dispute over any financial matters.

[P. Conseula]

Thank you for the response above. Further to my problem/query, there are no children, however, we do have a property each, which we purchased before we got together. He has now sold his flat, can he lay claim to mine when the year is up to apply for a divorce? I aslo believe that he will be moving to Canada in the next few months. Is this going to be a difficult hurdle to overcome?

[themas]

1. As you have been married such a short time it is very difficult to see how he could successfully make any claim on a property you bought before you got together, unless he can show he has contributed to it - for example by making mortgage payments. The same applies so far as you are concerned in relation to his property. However, if he wants to make things difficult he could put forward a claim, which would delay the process and lead to a Court hearing and possibly substantial costs.

2. When your divorce petition has gone to Court they serve a copy on your husband (the respondent) & need an acknowledgement of service. If his address is unknown or he does not return the acknowledgement form there will be a delay. You will have to show to the Court that you have taken all reasonable steps to trace him & get an acknowledgement before the Court will agree to go ahead without it. You will need professional advice if this situation arises.