I''m almost at the 5 year point, my uncle phoned me up and said inasmuch as my stbx and I maintain separate residences - he moved out Jan 2008, because he comes to the house to see the kids and for birthdays etc we take the kids out I many not be entitled to file under these grounds.
I mean we''re not intimate and don''t socialise on our own, we have tried to remain amicable (and mostly are apart from on the issue of signing the divorce papers) because of the kids.
I''ve sent him the papers for the 2 year separation with consent (he''s actually a serial cheater so I could have cited adultery but didn''t want a battle) he says he''ll sign but that remains to be seen. This was my backup plan -PLEASE HELP - losing it!
If you have been separated for 5 years then you can divorce without consent. Whether he visits your children at your home or you occasionally take them out for a birthday treat doesnt matter if you havent been in a relationship during this time.
If anything taking the kids out together shows your mature enough to put your children first and ensure they feel loved and secure. Like i said, unless there was a relationship there then your entitled to a divorce.