There is only one ground for divorce, that is that the marriage has irretrievably broken down. You have to be able to satisfy the court that you have the ground for a divorce and must prove one of five facts to do so:
- Your spouse has committed adultery and you find it intolerable to continue to live with him/her; or
- Your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her; or
- Your spouse has deserted you for a period of more than two years; or
- You have been separated for a period of at least two years and your spouse agrees to the divorce; or
- You have been separated for a period of more than five years. No consent required from your spouse.
As can be seen, three of the five facts available require you and your spouse to have been separated for at least two years. It is possible for you to still be living in the same house to qualify for facts involving two or five years of separation although you will have to satisfy the court that you have been living separately and apart from each other and as separate entities within the same household.