Should I agree to this divorce even though the grounds are false

(7 Posts)
penguinlove Mon 07-Apr-14 19:03:21

My husband has filed for divorce. I was ready to sign the papers (since I, too, would like to divorce him) but when I read the grounds for divorce, and his statements, I learned he had lied and put the whole blame on me. This included accusations of me being a threat to my children.

Obviously I want to divorce him but I don't want these lies to be used against me to take my children away from me. If I sign the document am I acknowledging and accepting these statements as true? Will they be used against me?

If I don't sign, is there anything I can do?

wheresthelight Mon 07-Apr-14 19:51:06

If the allegations about your kids are untrue then do not sign and go straight to a solicitor. You cam counter sue for divorce using the correct reasoning

Blueuggboots Mon 19-May-14 16:36:25

My STBXH made up a load of bull on the divorce petition - bits were true, but elaborated ridiculously. BUT nothing about my child.
I signed the paperwork but stated that I didn't agree.
If he is making untrue statements that could affect your custody of the children, get your half an hour free with a solicitor and see what they say.

I don't think solicitors would advice you to counter sue as it is a very costly process. In partners case when allegations that were made in the petition were incorrect and had already been proven to be so, the response to the petition was that they agreed to divorce but did not agree with the reasons (or words to that effect)

Go and see a solicitor if it would put your mind at rest.

At the end of the day you are divorcing for a reason, the petition is never going to be an advert for spouse of the year.

McKenzieFriend Wed 28-May-14 10:07:43

To counter petition is a reasonable step.

It is possible however to respond to his petition by carefully wording your reply that you have no objections to the divorce but that you entirely refute the allegation in relation to the children.

Most Judges can read between the lines when a marriage is over and divorce petitions go through on a quite low 'level of proof' for unreasonable behaviour.

He is likely to only make similar allegations on your counter petition so perhaps no real point in doing that!.

Reasons for divorce cannot be used in any other hearings such as child matters or financial hearings.

Clearly however it would be wrong to admit to actions that you deny.

Hope this helps.

McKenzie Friend Phil

thanes1 Wed 28-May-14 20:40:04

If you don't sign there are definitely things you can do. If he's lying than you definitely shouldn't sign. If I were you the first thing I would do is talk to your lawyer about your options especially if it has to do with custody of your children. Do you know what the main factors are that will decide how custody of your children gets worked out?

thanes1 Thu 29-May-14 13:01:54

btw, sorry to hear about your situation. sounds difficult. I wish you strength in these hard times.

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