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Divorce/separation

Can I put both adultery and unreasonable behaviour in the divorce?

11 replies

Mamioftwo · 12/10/2017 08:59

Hey,

If I put both adultery (I have proof) & unreasonable behaviour on the divorce petition, would the court ask the respondent to admit he committed both? Or would one reason suffice, for the divorce to proceed further?

Thank you xxx

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WhoWants2Know · 12/10/2017 09:01

One reason is enough.

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Northumberlandlass · 12/10/2017 09:08

You can put on either unreasonable behaviour or adultery. It won't make the divorce happen any quicker, it'll proceed regardless.
I know this matters a lot to you right now (I've recently been through the process) but citing reasons for divorce are ultimately not important in the big scheme of things & no one but the court sees your reasons. It's just paper work to end the marriage.

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MrsBertBibby · 12/10/2017 09:09

You can put both, and then proceed on the basis of one or the other but it's an awful faff.

If you don't have a written admission of adultery from him then you should go on behaviour as you don't need to have his cooperation to succeed on a behaviour petition, whereas you do for adultery.

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butterfly56 · 12/10/2017 09:32

It's far easier to cite Unreasonable Behaviour
using the extra marital affair as the reason for the divorce.
the effect his behaviour had on you and your relationship etc.

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trevthecat · 12/10/2017 09:34

As pp has put unreasonable behaviour is easier. With adultery you have to give names etc.

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Mamioftwo · 12/10/2017 09:35

So if he denies the adultery, you're saying he doesn't have to admit to the UB, for the divorce to go forward?

Ahh I hate this so much, it's so hard. Can't wait for it to be over & done with! Also how long did the whole process take for each of you?

thank you for responding xxx

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MrsBertBibby · 12/10/2017 09:46

That is correct.

Just go on unreasonable behaviour. Keep it simple.

Timeframe varies wildly, so just get issued, on behaviour only, and get the ball rolling.

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MilkTwoSugarsThanks · 12/10/2017 09:46

Tbh he can contest the divorce whatever you put. It’s unlikely that the divorce would be denied though. How long it takes depends on solicitors, court backlogs and how unreasonable the other person is being!

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MrsBertBibby · 12/10/2017 09:47

Oh, and no, you do not have to give names for adultery. It is positively discouraged to name the co-respondent.

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Mamioftwo · 12/10/2017 15:34

Yes I do have enough reasons for UB. So that might be the way to go. I don't want to complicate things.

Has anyone put the co-respondent on there? Or had experience with that?

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MrsBertBibby · 12/10/2017 18:37

Don't do it. If you name someone else they have to be served. You have to prove they have been served. If they deny their involvement they may come to court and you may get stuck paying their costs.

Utterly unnecessary to name a co respondent. FGS Don't do It!

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