Verbal Abuse - Grounds for Divorce?

[Elijay]

Asking advice for a friend who doesn't use computers.

Husband drinks heavily at home and verbally abuses the wife, no witnesses.

Does she have grounds for divorce?

They are both in their 60's, no children involved, house is in both names, mortgage is paid off, they have been married for 17 years.

[sara3]

most likely yes, it would be classed as "unreasonable behaviour".

[rowanwitch]

If she wants to leave no need for a reason its simply irretrievable breakdown she won't need to give details

[sara3]

that's not actually an acceptable reason for divorce. it has to fall into 1 of 5 categories;

desertion
unreasonable behaviour
adultery
separation after 2 years with both parties agreeing
separation after 5 years whether both parties agree or not.

[Elijay]

She doesn't want to leave, the house was hers before they married, she changed it so it is in both names. His house still has a mortgage and is let out to tenants

[sara3]

http://www.hmcourts-s...nder/forms/d183_e.pdf

[fredpuli47]

Abuse coupled with heavy drinking = unrereasonable behaviour and, if she finds it intolerable to live with him because of it, she can get a divorce.

Property is a separate matter, independent of who petitions for divorce and, generally, of how the other party has behaved but prima facie she's entitled to half the value in the house, at least. What happens to it e.g. whether she's to stay in it or it's sold is up to the Court. She may be entitled to maintenance as well. It's impossible on here to give any more than the barest guide because we don't ever have enough detail. Her solicitor will get it though, and advise.

[Ankou]

determining 'unreasonable behaviour'....

"There is not easy answer to this. Some cases are very straightforward, like violence, for example. In many cases it’s a question of the particular effect the behaviour of one partner has on the other. If the effect is mild (irritation, annoyance, boredom etc.) it is not sufficient. If the effect is more dramatic and this is clear to your partner, it may well be sufficient. The test is whether s/he has behaved in such a way that you cannot reasonably be expected to live with him/her. The question the judge asks himself is: ‘Would a reasonable person conclude that this person cannot be expected to live with his/her partner?’"

the petition lodged must occur within 6 months of the 'behavioural event' or it is presumed the act is forgiven.

[ummmm]

Can't they just separate?

[Elijay]

He doesn't want to separate as he says loves her. He's aware that he's behaving badly but his addiction is stronger than his love for her.