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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder if this is enough grounds for divorce due to domestic violence?

28 replies

Sinkingships · 20/08/2015 10:35

Since ExH and I split I've felt quite ambivalent about divorcing him, not becuase of any residual feelings for him but rather due to the emotional and financial strain of having to go through the whole process. There are no custody issues to dispute and neither of us have any assets of value so it was never about the money I would get from him. I would really struggle to afford to go through it on my own and he is not going to be forthcoming with any assistance towards the fees (I've asked). I will do it in the future but as I am in no rush to remarry or anything, it hasn't taken up a lot of my headspace.

Until now.

He has been saying some unbelievably cruel and nasty things about me behind my back and I've just had enough now. I want a divorce, yesterday if possible, and if I could I would absolutely take 50% or more of everything he has, as payment for having to put up with 8 years of his bullshit (although this is unlikely as he has no money). I'm slightly conflicted about changing my name back as the DC's have his name but I really feel like now it's HIS name and I don't want it anymore.

Only thing is, when I've discussed it with him, he pretty much said that if I give any reasons for the divorce that would 'screw him over', then he wouldn't agree to sign the papers and the whole thing would just drag on. So basically he knows I can't put anything too bad or I can't divorce him because I can't afford to go to court to fight it out with him. The only way I could get legal aid is if there was domestic abuse involved.

I had always maintained to people that he never physically abused me, as I didn't feel what he did was that bad (I have been abused before so my views on this may be affected) but there were a few occasions.

One was where I hit him in the back after he called me a disgusting name and he slammed my wrist into the cupboard several times so hard that the whole side of my hand was bruised from wrist to fingertips and I couldn't carry things for a few days (admittedly I hit him first, not proud of this at all).

The other was when I found him standing over ds in his bed, shouting at him, so I pushed him away and he slapped me hard round the face.

The last was the day I finally broke up with him and he grabbed me round the throat then 'threw' me across the pavement so hard I felt my neck crack and I fell to the ground.

All these instances were quite a long time ago now, and spread out over time, but are they enough to warrant domestic abuse? Aibu to want to get rid of the scumbag bastard once and for all?

OP posts:
Sinkingships · 20/08/2015 13:51

No I wouldn't be able to use adultery as I'm sure he started their relationship after he left - I have a DP now too so if I did that to him he could use it with me too.

Spare, he moved in with her, he had/has no money or assets of his own so there is nothing to divide in that respect.

OP posts:
Summerisle1 · 20/08/2015 14:05

In your position I would wait for 2 years separation then find £410 from somewhere and file for basically a no fault divorce.

This would be my advice too. Just get rid as cheaply as possible.

My ex was silly enough to refuse to be divorced on the grounds of 2 years separation. So he got divorced on the grounds of unreasonable behaviour and had to pay the not insignificant costs. What was so stupid was that the end result was the same. Divorce. Except he ended up divorced with an entirely unnecessary legal bill to pay.

Tigger365 · 20/08/2015 14:50

I'm sure the fees work in a sliding system, from what I remember (a friend is going through it) you only have to pay full fees if you earn about £2200 a month I think

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