Thank you folks, I guess then that as my wife said that she will not petition for divorce, I will have to go down the lines of unreconsilable differnces, and if she contests it on the grounds of adultery, admit it.
Is this a sensible course of action? as I do not really know TBH!!
Although it is often used in conversation when talking about marriage and divorce it is a measure of the state of a marriage rather than a reason for divorce.
1. Adultery - but has has been said the adulterer cannot use it as reason for petition. This can only be used as a reason within 6 months of the adultery. No real reason to mention name of the other party involved in adultery and this can slow whole process down.
2. Unreasonable behaviour, again must be within 6 months of the last incident unless exceptional reason
3. Estrangement - just dont know where spouse is.
4. Uncontested separation. Both parties agree not to contest it and this takes two years
5. Contested separation. One party does not agree to the divorce. Five years.
You may find it tricky to say that your wife is showing unreasonable behaviour by not divorcing you after you have committed adultery.
I think you had better start negotiating with her and discussing some of the issues in the marriage by the sounds of it.