Divorce

[PurpleElephants4]

Hi

Thank you in advance for any help or advice

My query is in two parts:

Firstly I have been named in divorce proceedings by my partners ex. She is claiming we committed adultery, this is NOT true. They had already separated and weren't living together when we met. She committed adultery on at least two occasions the last being when the separated, which I believe was in the Feb. I only met my OH in the April. She is claiming this as the grounds as a reason for not having to pay her share of the court fees.
My question is -

1. I only know this because I've been shown the court papers by my OH but I am under the impression that I should've also received a copy so that I can at least defend myself from something that is categorically untrue. How do I go about submitting a defence?
2. would I be expected to pay any court fees to submit a defence and ask for my details to be removed?

Secondly - my OH doesn't intend to contest the divorce but just the grounds of the divorce and having to pay the full cost. He is more than happy to pay half. Is the a cost associated with contesting the grounds of the divorce?

Sorry, no advice, but I am sure that if he is still married then you did technically commit adultery.

I'm sure one of the board experts will be along with more sound advice.

Whilst morally you are right, legally they were married. As for contesting what she has claimed, no idea, does your oh have a solicitor?

What she is claiming is that we were in a relationship prior to them separating. Which is what I'm contesting.

It’s adultery whether or not they were separated at the time.

You only have to do something when served. Are you sure you’re named as Co-respondent?

If you're a co respondent I believe times and dates of adultery should be provided.

You're wasting a lot of time and effort over £275 seemingly

This is very straightforward. To gain a divorce on the grounds of adultery the respondent must admit the adultery . So he can of course do this - however it IS adultery in the eyes of the law if he was still married but separated. Regardless of where he lived. The only time adultery can't be used is when the spouse has continued to live with the adulterous partner for more than six months after discovering the sexual element of the affair.

If you had been 'named' as a co-respondent you would also receive a copy of the petition. As you haven't then you either aren't 'named' or the wife is going to the 'unreasonable behaviour' route and using this as her reason (her husband living with you) rather than officially naming you.
All in all it's a storm in a tea cup.
She doesn't want to be married.
He doesn't want to be married.
He WAS married when you got together.
So you did commit adultery.
Crack on with the divorce and let everyone be happier without getting wrapped up in time consuming semantics.
You can still dispute costs .

You can still dispute costs

If you are named as a co-respondent you cannot be made to pay towards the costs if you don't admit the adultery. Always answer such a question by saying "I make no admissions".