I'm so upset and frustrated.
Sorry - this is long, but just want to make sure I'm being clear
I petitioned for divorce a couple of months or so ago. I'm on benefits due to MH issues and am therefore skint, so instead of being represented by a solicitor, I decided to be advised by one instead, so I've selected the services I want help with and done some stuff myself.
Therefore, after my initial appointment with the solicitor where she talked to me about how to fill in the form petitioning for divorce, I filled in the form myself, then made an appointment where she checked through the form and looked at the way I filled in my grounds for divorce.
Then, after my STBXH responded, I filled in the forms to apply for the decree nisi and to back up my initial petition. Again, I made an appointment with the solicitor so she could check through the forms to make sure I'd filled them in OK.
I've filed on the grounds of unreasonable behaviour. The advice that I was given by the solicitor (who is a resolution member) was to be as mild as possible in stating grounds for divorce - so I was pretty diplomatic in my grounds, but I still detailed a relationship where there was a lot of anger from STBXH and anxiety from me (because of my MH problems), a lack of physical affection/intimate relationship and a lack of emotional support from STBXH.
In reality, my marriage was pretty toxic - perhaps borderline emotionally abusive - STBXH is someone who holds on to a lot of anger, so although he never physically hurt me, I got ranted at a lot, criticised, physically rejected and ridiculed. There were also times where he was OK with me, but I never felt like we were friends. My mental health has improved significantly since we split up. In the meantime, I've been fighting to keep the split as amicable as possible for DD. There has been lots of anger from STBXH and I have just got to a state with him where we are getting on alright and being friendly and respectful - and he's actually being helpful and relatively pleasant - which is great because DD has seen lots of nastiness from him towards me, and she adores her Dad - and lets face it - even though I'd cheerfully never see him again, I am always going to have a partnership with him because of DD.
We've arranged for him to spend Christmas day with us, and we've liaised so I can get presents from both of us - so I'm quite happy about how far we've come in resolving the nastiness between us.
I got a letter from the Court today - expected it to be the hearing for the Decree Nisi, but instead it was document entitled "Matrimonial Causes Rules" saying that the District Judge is not satisfied that I'm entitled to the decree sought because the particulars of behaviour do not amount to the standard required to prove this ground, and that I should file an amended petition and renew the request for directions for trial.
So I'm now thinking - what on earth do I do now?
Have I been badly advised by the solicitor? If she checked through my forms and said they were OK, but they were rejected, is that something that often happens? Should I be entitled to any free advice on the back of this - or do I just have to suck it up and come up with more money?
Do I need to start the process again from scratch?
I'm worried about what to say if I re-file. I want to keep things amicable between me and STBXH - and I don't know how I'm going to do that if I need to rake up the more nasty elements of our marriage - I really don't want to start more conflict with him because he can be really unpleasant and that impacts very negatively on my mental health
Just don't know what to do next - what should I do now?
If you've read this far, thanks.
(I think I might post this on the Lone Parents board too)
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The Judge hasn't accepted my petition for divorce
19 replies
NightOfTheCactus · 11/11/2013 18:01
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