divorce and unreasonable behavior

[madwomanlol]

Hi, im new to this so forgive me, i am currently going for a divorce against my husband due to his unreasonable behaviour, to which there is no doubt, i have an harrassment order in place, my solicitor has all of the details i have also ended up on antidepressants at one time due to everything, he is clearly unreasonable and is saying he is going to contest it because i have a new partner and am now pregnant, we have been apart for nearly 2 years, does any1 know if the judge would actually give the idiot credit?

try looking on wikivorce. tons of info and specific chat rooms, I found it really useful when I was in my divorce. good luck

www.wikivorce.com/divorce/

There are various options. If you are certain your DH will defend (contest) the divorce if you issue on his unreasonable behaviour, you may want to consider whether it is appropriate to divorce on the basis of the two years separation and consent as soon as the two year period is up. Please note however that even if you DH agrees to this now, he could withdraw his consent at any time prior to the Decree Nisi (the first of two decrees) going through.

In my opinion, even though he may threaten to defend the divorce it is unlikely. It will be a very expensive course of action for him and if he were to find a family lawyer happy to take him on I imagine they would want a considerable payment on account up front before they did any work.
In any event, defending a divorce is usually just a delaying tactic and ultimately the divorce will go through although it will take longer and cost more.

It may well be he is thinking of cross-petitioning on the grounds of your adultery (which you will clearly struggle to deny). In this situation, either you could withdraw your behaviour petition or it could sometimes be agreed that both petitions go through.

If he were to defend (as I said I think unlikely and I would hope your solicitor would tell you this too) then the Judge will listen to his account of why he is defending the divorce but I imagine the Judge would point out that bearing in mind you have moved on, have a new partner and are pregnant, it is pretty clear that the marriage has irretrievably broken down.

Good luck

Strictly speaking legally adultery is when you have sexual intercourse with someone when you are married to another person. Having a baby is cast iron evidence of adultery. However, in the grand scale of things it doesn't really matter who divorces whom or for what reasons. The reasons for divorce do not affect the finances or children which are dealt with under separate procedures.

Framing­ unreasonable behaviour mildly avoids protracted court proceedings and unnecessary long term damage to family relations. A defended divorce could potentially costing you £12k each. It's best to avoid allegations of DV or relating to children unless they are so serious they cannot be ignored.

Rather than getting bogged down and it's better to concentrate your energies on resolving the finances and issues relating to children.In any event, your husband can agree to the divorce but disagree with the allegations and reserve his right to defend them should they be raised later.