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Legal matters

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Looks like it will be a messy divorce-pls help!

9 replies

iva555 · 29/11/2009 22:16

Hi,

I have been separated from my husband since January. Have just seen my solicitor to apply for divorce. My husband said he agrees to divorce and will sign the papers. But now he has received the letter and he doesn't like the allegations I have made against him and is refusing to sign. I have applied on basis of unreasonable behaviour( drug use, stealing money,not coming home for days and leaving me and my daughter who is 4). He said this will make him look like a bad dad(which he is) and I am trying to destroy him, which I am not. Now he wants me to go back to my solicitor and tell him that he cheated on me and that's why we are divorcing. I don't want to lie in court. I am meeting my solicitor tomorrow. Any advice on what I should do? And also can I get divorced if he doesn't agree to sign the papers? By the way he can't afford a lawyer!

OP posts:
mumoverseas · 30/11/2009 05:14

Hi, Sorry to hear about the breakdown of your marriage.
Try not to stress yourself out too much about this. There are steps that your solicitor can take in order to progress your divorce.
It sounds like your solicitor has out of courtesy, send him a copy of the proposed particulars of unreasonable behaviour prior to the issue of the petition, which is always preferable. This gives a chance for you to negotiate with regards to the allegations of his behaviour. Sometimes it can just be one particular allegation that respondents don't like and it can be agreed to amend/tone down the allegations, as long as there is still enough there to satisfy the Judge that the marriage has irretrievably broken down.

If the petition has not yet been issued in the Court, then this would be your best course of action. Even if it has been issued, if there is something that may cause your DH to defend the divorce or cross-petition then potentially you could amend the petition although this would involve more costs (Court fees and additional work by your solicitor) and a delay.

By him saying he will say you cheated on him this could mean that he is thinking of cross-petitioning. This means that he would also issue a petition (on your adultery by the sounds of it) but he would need evidence of this if you are not going to admit it. To be honest, this is a pointless (and costly) exercise as bottom line, the divorce will still go through on one petition, either yours or his and it makes no difference to anything else (ie finances/children) whose petition goes through.

Worse case scenario he could say he wants to defend the divorce and say that the marriage has not irretrievably broken down. Again, a pointless and VERY expensive exercise and I imagine that if he went to see a solicitor and instructed them to do this they'd want a serious amount of money up front (at least £1,000). Defending a divorce is simply a delaying tactic and ultimately it will go through. He would almost certainly be ordered to pay your (wasted!) costs too.

Good news is he can't afford a lawyer which means he is unlikely to challenge anything.
He is obviously pissed off about something in the particulars so in my opinion I would talk to your solicitor about perhaps toning down the particulars or amending them in someway, ensuring there is still enough to satisfy the DJ that the marriage has broken down.

If he doesn't sign the papers, then there is a way to proceed. Your solicitor will need to instruct a process server(private investigator) to serve him personally with the papers. He or she will then prepare an affidavit (statement) setting out that the respondent (your DH) has been served and your solicitor will use a copy of this affidavit to exhibit to your affidavit in support of petition which is the next stage in the divorce proceedings.

PollyLogos · 30/11/2009 06:09

Mum overseas I may be wrong but I read the op as the husband wants his 'wife' to withdraw the allegations of unreasonable behaviour and replace this with a petition for divorce on the grounds of adultery (ie husband had an affair)but poster doesn't want to do this as it isn't true and would entail lying in court.

Of course I may be misunderstanding the whole thing!

OP I don't have any advice but hope all goes well. I wouldn't want to lie in court either and think you should let your lawyer know that he is asking you to do this. Do you have his request in writing?

mumoverseas · 30/11/2009 08:18

just re-read and think you might be right. (It was very early)
Even so, if he hasn't committed adultery then she cannot lie so would be better off going ahead with the behaviour petition but maybe 'toning it down' a bit so he doesn't decide to defend.

racmac · 30/11/2009 08:30

If he has had sex with someone since your separation then it is still technically adultery - it wouldnt be lying.

mumoverseas · 30/11/2009 08:37

yeah but the fact that the OP says that she can't lie in Court implies that he hasn't committed adultery?

OP, come back and clarify please. Hope all ok this morning

iva555 · 30/11/2009 21:09

Hi guys,

He has not cheated on me but he wants me to say that he did. This would be a lie. I spoke with my solicitor and he advised me not to lie and stick to my grounds but just change it a bit. He said I can divorce him anyway. The thing is he doesn't want to tell me where he lives and has given his father's address for correspondence. If they want to serve him with papers how would they find him i have no clue. I know his address...but he doesn't know that I know. (went into his email box ) I know it's not nice but had to find out where he lives. Should I tell my solicitor though? And I also know his work address. Thanks to all of you

OP posts:
iva555 · 01/12/2009 00:02

I really did not want to fight with him and wanted everything to go smoothly but he is trying to manipulate me. I really don't know why I feel that I have to explain myself to him. He got angry about what I said in the papers, swore on me and hang up the phone. I have been so upset since then and stressed. It's me .....I just don't like to upset people and I am surprised that after everything he did to me I still care not to hurt his feelings. I just think I am so pathetic sometimes. The more nice I am, the more I get hurt. Sorry....just needed to let it out.

OP posts:
mumoverseas · 01/12/2009 07:38

sorry you are having such a hard time Iva.
Your solicitor is right, you cannot lie and change the grounds of the divorce just to suit him. Best option is to tone them down a bit ensuring there is still enough to satisfy the court.

Process servers are very good at catching people. I did it for a while and one served a guy at his local gym. Worse case if he is avoiding service they will get him on his way to or from work. They have ways, don't worry about that. Yes, give the address if you have it to your solicitor.

iva555 · 01/12/2009 10:14

Thank you all sooo much I don't come on here that often but every time I do you are all so helpful. I wish I could meet you all for a cuppa
My solicitor just phone me and wants to meet tomorrow so we can change everything and I can sign the papers. He sounds like a good solicitor....I hope he knows what he's doing. I will not ommit any details but just tone down a little. He said we need to be careful as him taking drugs is my most solid argument and getting rid if that would not help my case. I hope it will be ok.

OP posts:
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