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petition by consent where there is none?

  • unic
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22 Feb 08 #14706 by unic
Topic started by unic
Not sure where best to post this one. Here goes.
Friend has just been served divorce petition on grounds of 2 years separation by consent.
She has not consented to it.
If she returns form and states she does not consent and will not defend the petition would I be right in thinking that that would be the end of that petition?

  • ariesgirl63
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22 Feb 08 #14715 by ariesgirl63
Reply from ariesgirl63
To use this ground for divorce then the respondent has to give their consent. However, she is just avoiding the inevitable and her husband can just amend the grounds to 'unreasonable behaviour'. It appears the marriage has irretrievably broken down if they have been separated for 2 years, so unless there are religious beliefs to not wanting the divorce why would she not give her consent?

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