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Legal matters

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Divorce advice

1 reply

Miserarium · 05/06/2013 11:40

Hi, been advised to post on this board rather than relationships.

Don't want to go into details but I have had enough and I want out of my marriage, so can I have some divorce advice please?

Have children, don't earn enough to support myself and them/pay rent - what can I do? And he is going to resist this at all costs, what can I do to get him out of my house? He is unashamed about screaming the place down, creating massive scenes in front of neighbours, smashing stuff, I want to avoid this for my children's sake.

Plus, 'unreasonable behaviour', is there a time limit on this? Oh and I can't get legal aid, can I? How the fuck do I pay for a divorce? He's currently unemployed as well, does this mean I'll end up having to foot the bill because I'm earning (though a pittance)?

Thanks in advance

OP posts:
STIDW · 05/06/2013 12:11

You should make an appointment to see a solicitor (some are still offering a free first appointment) to find out where you stand and what options there are given your particular circumstances.

You cannot rely on unreasonable behaviour when the last incidence of unreasonable behaviour is alleged to have happened more than six months prior to separation. If you continue to live together as man and wife for more than six months the unreasonable behaviour is seen as condoned.

Because you are married your husband has the same rights to live in the former matrimonial home whilst a divorce settlement is reached. However if there is evidence his behaviour is unreasonable and amounts to pestering or harassment you could apply to court for non molestation and occupation orders to restrict him from molesting and entering the property and you would be eligible for for legal aid.

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