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Legal matters

Divorce question

5 replies

ErikNorseman · 08/09/2012 13:21

Hi
H and I have separated for the 4th and final time! Last summer we looked into divorce, and I realised that there was no such thing as irreconcilable differences! In theory I could petition on the grounds of adultery as he cheated a month after we got back together, I found out in June and have email evidence so I have until December. The thing is that I'm not really happy with that as I have forgiven him and moved on, and we are very amicable about the split. He has moved into the spare room for the time being as he will spend a large part of the year (3-4 months) in his country and I'd rather he paid me more maintenance rather than wasted money on renting elsewhere.
So my question is, when does the 2 years separation start? Officially it started in June but I don't have any proof of that. Can we just file and give an arbitrary date when we seParated without any evidence like a tensncy agreement in his name? I intend to keep him on my tenancy agreement as I'm going to university and the letting agent would make me do a new assessment if I wanted the tenancy on my own and I'd fail.
Hopefully we will have a simple, cheap and cooperative divorce so how do I achieve that?
I should add there are no assets and we have no issues regarding contact for DS.

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mumblechum1 · 08/09/2012 16:30

The simplest thing would be to divorce him on his adultery. You haven't reconciled since you found out, by the sound of it, and so as long as he admits it, that's the end of it.

I certainly wouldn't recommend making false statements.

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prh47bridge · 09/09/2012 00:16

Alternatively you could divorce him on grounds of his unreasonable behaviour.

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MOSagain · 09/09/2012 16:57

I agree with mumbles, I'd just go ahead on adultery, or alternatively as prh says, go with UB

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ErikNorseman · 09/09/2012 17:03

Thanks all
I wasn't planning to give a false statement, I meant more if we file in June 2014 after 2 years separation what proof will we need that we did separate in June 2012?
Thanks for the advice, I will bear it in mind.

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MOSagain · 09/09/2012 17:34

You need to show that you lived separate and apart. For example if you are still living under the same roof for part of the 2 years you need to be able to say that you did not do his washing and ironing, cleaning etc and didn't cook and eat meals together. This is always a tricky one when a separated couple have kids and want to try to be amicable and eat together.

Once you are living in separate places, you can just list these in the Court papers

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