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I don''t understand the Judge''s instruction?

  • SilverFir
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27 Sep 12 #358253 by SilverFir
Topic started by SilverFir
Summary:

I committed adultery over three years ago, and STBX and I separated immediately.

STBX told me earlier this year to Petition on basis of 2y separation, so I did.

He then defended, and cross-petitioned on basis of adultery. I acknowledged and said I wouldn''t defend.

Today I got a letter from the court, which I shall quote:

District Judge X has commented as follows and has instructed that her instructions be conveyed to both the Petitioner and Respondent for this action:

"Unless the Petitioner Wife amends her grounds for divorce in her petition to her adultery as set out at Part 6 of her petition or agrees to its dismissal and the matter proceeds on the Husband''s cross Petition, then this becomes a defended cross-petition of the Husband which will be listed for a hearing ... "


I have to say that I rather presumed that by not defending the cross-petition, my original petition would be automatically dismissed by the court. But never mind, a bigger question is:-

How on earth can I amend my petition to being on the basis of MY adultery? Surely I cannot divorce on the basis of my own adultery. But the Judge''s instruction would seem to suggest otherwise.

  • dukey
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27 Sep 12 #358261 by dukey
Reply from dukey
Is family law strange or what!.

The easiest way to handle this is to provide court with a confession statement along with a letter withdrawing your Petition, a hope the judge is not to exacting, in a way they have little choice, the process is very formal.

Judges do have discretion though, lets hope it is used.

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27 Sep 12 #358262 by Forseti
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According to the Matrimonial Causes Act 1973 it must be the respondent to a divorce who must have committed the adultery, so I can''t see how one can Petition on the basis of one''s own adultery. Strange indeed.

I think I agree with Dukey: withdraw the petition and confess to the adultery.

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27 Sep 12 #358263 by SilverFir
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Thanks. That was my understanding too, that I couldn''t raise the Petition myself on that basis. Is the Judge confused?

I''ve already confessed to adultery in the Acknowledgement to the Cross-Petition; but if you think it is worth being even more explicit, then I am happy to draft a letter to withdraw my petition and repeat that confession in respect of his Petition.

Thanks

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27 Sep 12 #358268 by dukey
Reply from dukey
Honestly I don''t know, it''s not standard wording, it is written by the judge, maybe given you have provided a confession just withdraw your Petition and be done with it.

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