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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.

Can I file if it’s my fault!? Grounds for divorce?

9 replies

LJZRBB · 23/04/2020 03:37

Hello,

Found myself in a situation I never thought I would be in.

Can I file for divorce with me at fault? Unreasonable behaviour.

Thank you Smile

OP posts:
Otter71 · 23/04/2020 07:26

No he won't have to file if only your behaviour was unreasonable. Or you both wait for two year or non fault coming in. Or one of you just writes a work of fiction about the other and they agree not to contest

LJZRBB · 23/04/2020 08:30

Oh this is very confusing. Thank you for the reply.

OP posts:
msmith501 · 23/04/2020 08:53

It's not really confusing. If person A wants to divorce person B, they can do so by citing person B's unreasonable behaviour or person B having an affair. In other words, the person who has been wronged can start divorce proceedings. As @Otter71 tightly said, if you haven't been wronged but still want to divorce, then you both have to agree to either separate, wait two years and file for an automatic divorce or one of you has to agree to an alleged affair or alleged unreasonable behaviour and for this reason to be detailed in the divorce proceeding. As it stands, if you are the "guilty party" (as per your OP) you can't instigate divorce proceedings against yourself.

Fedhimtotigers · 23/04/2020 08:58

You can absolutely petition to divorce. You can list anything as the unreasonable behaviour it really does not matter.
Was he a bit untidy? Etc

You can tell him to begin divorce proceedings but if he won't there is no reason you can't.

msmith501 · 23/04/2020 09:11

@Fedhimtotigers as I understand the OP's question, it was "can I instigate divorce proceedings and cite my own unreasonable behaviour" - the answer to which is "no". And whilst she could cite her partner's alleged unreasonable behaviour, he could refuse to accept the allegations and draw out the divorce timetable. Equally, he could notify the judge via the divorce papers that he had been asked to accept the allegations just to provide for a "quickie divorce" when in fact it was the claimant who was being unreasonable and wanted to get around the system. It's always better if both are in agreement.

puds11 · 23/04/2020 09:13

Is there no way he will agree to a divorce?

StormBaby · 23/04/2020 09:17

Lots of people make up a load of bullshit on the divorce to get out and the other person will be advised to just agree with it as it's cheaper and quicker.

LJZRBB · 23/04/2020 09:30

Thank you for the clarity. Yes what I was wondering is if I can fabricate something about me (eg unreasonable behaviour) and still do the initial filing. But I see the answer is no.

Thank you for the replies.

OP posts:
puds11 · 23/04/2020 10:01

Hope you are ok OP

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