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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.

Advice on divorce

5 replies

Whinney12 · 12/03/2021 13:01

Hi everyone I was wondering if someone can offer me some advice before I contact a solicitor.

I left my husband in March 2019 due to ongoing unreasonable behaviour committed by my husband. I resided in the family home until November 2019 as I had nowhere else to go and he refused to leave until I found somewhere else to live as although we both lived there the house was in his name and he basically said I had to leave with our child. During that time it became hostile where the police were called on a couple of occasions due to him being violent. In the end I had no other option than to move in with my friend and apply for social housing.
Financially I did not receive anything from husband as he refused to help me and nor did he financially provide for our child which I am still in the process of fighting for.

I received a letter at the end of last year stating my husband had applied for divorce due to the fact we had been split up since October 2018. I then declined this and stated this was untrue as I did not leave him until March 2019. I then received another letter this morning stating I committed adultery and that I met someone else whilst living with him and am pregnant with the male in question.

Surely he cannot state one thing and then claim I committed adultery as isn't that lying to the courts?
Also would I be entitled to anything from him even though the home is in his name? We were together for ten years
He is self employed and has stated to CSA he is claiming benefits so I am entitled to nothing for our child. Where do I stand in regards to this?

Sorry for the long winded comment but I am stuck in what to do

OP posts:
StephenBelafonte · 13/03/2021 04:17

If you're pregnant by another man then yes you have committed adultery so technically it's not a lie. I personally would have gone ahead with the divorce on the grounds of separation of 2 years, regardless of when I moved out as you can be living together for but still separated. It sounds like he was trying to be amicable but got the hump when you declined to divorce on the grounds of 2 years separation.

You are entitled to a fair share of any of the assets and if he is self employed then you need to tell the CMS that

ChameleonClara · 13/03/2021 05:08

I'm not sure from what you've written - are you pregnant by another man, or is this something untrue your stbxh has alleged?

Yes, you're entitled to some funds potentially.

Can you afford a solicitor?

PicaK · 13/03/2021 12:39

Two different things here...
Divorce. He's applied. You can either fight and faff about the reasons or just go with it as long as the separation date is correct. It has no bearing on anything other than the court allowing you to divorce. There's the moral g r ound to fight for which will cost £s. Is it really worth it?

2)Financial settlement
It makes sense to sort this out before the absolute but that doesn't have to be the case. This is definitely the place to pour your time, mental energy and money. To ensure that your child has the provision they need.

Whinney12 · 13/03/2021 15:17

To be honest I just want this over with and would rather walk away with my friend more than anything else. He sees his child and is a good father and to be honest I’ve never received a penny from him to begin with so I ain’t missing anything. Thanks

OP posts:
Whinney12 · 13/03/2021 15:18

*my pride

OP posts:
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