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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Doing my own divorce - bit of advice?

4 replies

Meatfeastpizza · 06/04/2014 15:35

I'm divorcing my abusive ex on the grounds of unreasonable behaviour. He refused to partake in much parenting, criticised me and called me names, was controlling and jealous and sexually coercive. How specific do I need to be in the divorce papers about his behaviour? Can I put "he was controlling, examples being x, y and z" or do I need to cite specific incidents like "he wa controlling, examples being x, y and z, as demonstrated my his behaviour on 3/3/13 when he blah blah blah"?
Also, the form for the arrangements for the children, how specific does that need to be? At the minute I'm getting a token fiver a week from his benefits, but he's supposed to have a job starting soon, do I need to put that we will re negotiate depending on income? Or just that he is paying the amount recommened by the online calculator? The children live with me, but do I new to apply separately for a residency order? They only see their dad for 2 hours per week, again, I'm willing to negotiate as circumstances change, what do I write on the form?
I never reported the abuse to anyone so I am not entitled to any legal aid, and I'm on benefits so I can't afford a solicitor, so I need to do this myself. He's keen to divorce now, and says he will sign the papers whatever I write, just to get it sorted quickly.

OP posts:
ChelworthBrond · 06/04/2014 21:51

For solicitors the rule when drafting is First, Worst, Last.

Put when the behaviour started and what it involved, include the worst incident and include the last incident and when it happened or say if the behaviour is continuing, which it could be if it is undermining your parenting.

Don't overwhelm the reader with every instance of bad behaviour. And remember that the issue is that you find the behaviour intolerable to live with - someone can be as bad as it gets but unless you find it intolerable and actually say so, it's not grounds for a divorce.

Nappaholic · 07/04/2014 23:22

You only need five or six "incidents", open with the "when" eg Xmas 2012, say what happened eg "he called me a fat lazy cow in front of my friends" and then how it made you feel eg embarrassed, upset, ashamed. Stick to things in the last six to twelve months, in time order, and keep it short. End with "due to the respondents behaviour, it is unreasonable to expect the applicant to continue to live with the respondent"

That should do it!

inchoccyheaven · 08/04/2014 00:22

I am getting divorced with solicitors involved and didn't give specifics as such just a general this is what it was like and decided couldn't live with it because ... Everything else should be always open for negotiation I would have thought. When I contacted the csa they opened case told him how much to pay, he then agreed so I closed case but can open it any time if he stops paying. They can also check with inland revenue his earnings and say what he should be paying if he starts job.

Meatfeastpizza · 09/04/2014 09:15

He's now decided (again) that he doesn't want to see the kids. I'm half expecting him to refuse to agree to the divorce just because he can. He's such a dick.
Now I'm going to have to write on the statement of arrangements for children that they don't see their dad as he doesn't want to see them.

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