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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.

Unreasonable behaviour how to word it

19 replies

Alfiemoon1 · 16/07/2017 20:30

I have realised I have no other option other than to file for divorce
Basic background dh had an inappropriate relationship deleting text putting his friendship above his marriage and kids he even left the marital home because of it. We agreed to move on with the agreement there was to be no more contact her number deleted and blocked and that he wouldn't be secretive. He didn't agree to this easily as he feels he's done nothing wrong
Also discovered he was accessing live sex webcasts
I have discovered he hasn't cut contact but is deleting the texts again
So basically there is no trust and I am not prepared to go back to snooping
How to i word it on the divorce petition
Do I name the ow although there was no physical affair or sexting
thanks

OP posts:
MrsBertBibby · 16/07/2017 23:13

No don't name her. If you do you will have to serve her with papers

Describe it as you have done here. That should do.

FreshFigs · 17/07/2017 00:10

Yes - your solicitor can work with more or less what you've written above. I was advised to have at least 6 separate points. Doesn't have to be long. Mine was fairly similar. Flowers x

Phillipa12 · 17/07/2017 06:02

Inappropriate texting of an unknown female.
Inappropriate access of live sex webcasts.
I used the words inappropriate and unwilling to list my reasons.

Alfiemoon1 · 17/07/2017 07:51

Thanks so does it need to be at least 6 points should I keep it just about the inappropriate relationship or mention other stuff. I was hoping to do this myself and just get a solicitor for the financial and child arrangements bit to keep costs down

OP posts:
Phillipa12 · 17/07/2017 08:11

I put down,
Inappropriate texting of an unknown female
Unwillingness to visit my family
Unwillingness to provide emotional and physical support during high risk pregnancy and after c section.
Withholding of all physical contact
Continual low level verbal abuse
All of these were accepted by the judge.

Phillipa12 · 17/07/2017 08:12

Oh and put rough dates as in, Inappropriate texting of unknown female since April 2016.

Alfiemoon1 · 17/07/2017 09:19

Thanks feel like I am struggling today I haven't slept and have barely eaten for days I feel sick keep heaving I want to just curl up and cry please tell me it gets easier

OP posts:
Viking64 · 17/07/2017 12:39

My wife is leaving next Saturday. I have been where you are for the last 3 months as I knew this was coming but now it's almost here I feel a real sadness but real relief in equal measure. I've been in a bad place at times but what helped me is not feeling sorry for myself and talking and no doubt boring people to death as often as I could about my situation. Hope you start to feel better real soon .

moonbeam75 · 17/07/2017 15:52

I think Phillipa had good advice above xx

Sorry to ask a question on your post but which behaviours have to be within 6 months of the petition filing, is it just inappropriate behaviour with another person or do all examples have to be within 6months?

Viking64 · 17/07/2017 17:31

I believe having an affair has a 6 month limit.any longer than that it would be deemed that it was accepted by the innocent party so would not be grounds for divorce

Alfiemoon1 · 17/07/2017 22:09

Yes I think adulatory has to be within 6 months. I can't use that as to my knowledge they didn't have sex weren't even sexting on the text I read. Just deleting text secret late night phone calls etc. The last deleted WhatsApp was this month and I found out 3 days ago so even if unreasonable behaviour is also limited to 6 month I am well within that

OP posts:
FreshFigs · 18/07/2017 14:07

Whaaat?! To that 6 month thing above. No way! My STBXH was at it with the same old trout for 9 fucking years ...with me continually objecting. The judge accepted that.

MrsBertBibby · 19/07/2017 07:30

The rule is that the Petition must be presented within 6 months of discovery of the adultery unless the adultery is continuing, in which case you can still rely on it.

For UB, there is also a 6 month rule. If the behaviour is not continuing and the most recent incident is more than 6 months before decree nisi appliction then you must answer extra questions if you have continued to share a house. If you are physically separated then no problems.

FreshFigs · 19/07/2017 16:28

Ah that makes sense then.
Wasband was 'continually' a dishonest twat. 👍

SnugglyBedSocks · 19/07/2017 16:35

Just done mine for similar situation.

I did a new paragraph and explained what had happened and how it made me feel.

I came up with 14 points in the end and my solicitor amalgamated some and left the other's out. Had 5 point's sent to him.

I included inappropriate relationship, putting hobby before family time, speaking to me in an unacceptable tone, refusing to socialize with me, not having sexual relationship for over a year

Alfiemoon1 · 19/07/2017 21:48

What are the disadvantages to naming her it's seems odd putting inappropriate relationship with an unknown. I do know her I still have to see her at the stables. She knew about she befriended my dd as well. I believe if she is named she could be liable for some of my court costs so why should she get away with it? On the other side it's dh who deletes their messages supposedly only now about horses she may not be aware he is still behaving like a tit

OP posts:
Alfiemoon1 · 19/07/2017 22:16

She has form for this she befriends teenagers and middle age men like dh she is friendly and flirts to get what she wants i.e. Her horse looked after as she can't be bothered. Another teenagers dad at the stables ended up looking after her horse and gave her £500 for her rent as she couldn't afford it. But she chose my family to destroy yes dh has paid a big part in it so why shouldn't they both pay for it ?
Dh is not only a lousy husband but also a lousy friend he knows she ain't got a pot to piss in and that I am prepared to name and shame her and get her to pay yet he still goes around deleting probably innocent text pfft

OP posts:
LittleBooInABox · 24/07/2017 17:59

Because your being childish by naming her. Your husband betrayed you. She didn't. She may have encouraged it, your husband should have said no. He destroyed your marriage. Not her.

And I'm sorry to say it but the OW doesn't have magical powers to make men cheat. If it wasn't her, it would have been someone else.

I'm sorry your going through this but put the blame where it's due.

FreshFigs · 24/07/2017 19:00

I've come full circle with this one. Initially I was very angry with OW, phoned her, texted, emailed. It made no difference. HE just carried on. Note: HE.

I feel your pain OP, I really do, but honestly if you can bring yourself to rise above it and deal with your ex via solicitors you'll feel better. Rise above. Keep your moral high ground. You'll feel better for it in the long run.

💐

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