What if the length of marriage has not exceeded 3 years?
Generally, you will not be allowed to file a divorce petition if you have not been married for at least 3 years.
The law requires you to attempt to work things out with your partner before using divorce as a solution to your problems. As such, parties are usually advised to wait out the 3 year period before seeking a divorce.
In some rare circumstances where one party of the marriage has suffered exceptional depravity or hardship, the court may allow you to file for divorce even if the length of your marriage is less than 3 years.
However, you must be able to prove and persuade the judge that he or she has suffered such depravity or hardship.
Certain extreme circumstances may justify an early divorce, such as:
- Extreme mental distress resulting from the marriage
- Physical or mental spousal abuse
- Unusually cruel adultery (normal adultery would not suffice)
- In one case, the court held that committing adultery on the matrimonial home while knowing full well that the other spouse is also in the house, could also considered sufficiently grave enough to justify an early divorce.