Naming the OW?

[CupOfTeaSandwiches]

Hi,

I'm asking this on behalf of a friend. Her H left her earlier this year having rekindled an emotional relationship with his first girlfriend (was married to my friend for approx 40 years).

He left and moved abroad to be with OW. He did nothing until my friend contacted a solicitor and set into motion a judicial separation. He has responded by seeking a divorce, I presume on the grounds of unreasonable behaviour as he is citing things like he had to eat his dinner on his lap sometimes.

They have insisted that OW is not named in the divorce.

Can my friend name OW or is it not worth it?

Thanks in advance.

I saw a solicitor just this morning as I am divorcing my H for adultery.

The solicitor advised that I do not name the OW as then she is party to the legal proceedings and is entitled to receive copies of all paperwork including financial declarations, custody and contact arrangements etc. It also makes the legal process potentially longer, more complex and thus more expensive.

You can not force the other side to sign the papers with the OW named. Well, not without a long and expensive legal battle.

At the end of the day, it makes no difference. I issued the initial papers with the bitch's name on it and then "graciously" agreed to remove it.

My solicitor went for unreasonable behaviour, which included inappropriate contact with XX. So she was named, but not for adultery. A kind of middle ground, that gave me some satisfaction, rattled their cages, but didnt delay anything.

I had a letter saying that STBXH didnt agree with the reasons, but wouldnt defend them. (I had evidence that proved every allegation, so he didnt have a leg to stand on)

Usually religion is the only reason for applying for a judicial separation.
Sadly the relationship is over and there isn't much point defending or cross petitioning divorce. It just wastes time and money and the energy could be better spent on sorting out the finances and arrangements for any children.

Unless there's a written confession or evidence that sexual intercourse took place adultery is difficult to prove, and if the co-respondent is named it can get complicated and therefore expensive. In any event the reason for the divorce isn't stated on the public records and the rest of the court papers are archived and then destroyed. Also conduct is very rarely a factor considered when separating finances.

If your friend disagrees with the UB petition she can just state she agrees the marriage has broken down irretrievably but disagrees with the allegations.