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Has she contested divorce??

  • madaboutcars
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11 Jan 08 #10466 by madaboutcars
Topic started by madaboutcars
Sent divorce papers to x2b end of November on grounds of adultery which was verbally agreed between us (although she asked me not to name the co-respondent).
My solicitor came back to me today and asked a couple of questions, "have i got proof of the adultery" and "was i still living in the marital home at the time of the said adultery".
Does this mean that she has contested it, or x2b just quering certain bits of the form or is it just my solicitor putting the final bits together before applying for Decree Nisi???

  • Vail
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11 Jan 08 #10468 by Vail
Reply from Vail

Your sol may just want the clarify the legal technicalities.

If your xtb denies adultery you will have to furnish proof of it to divorce her for it. My sol also asked me this question and I was told that my xtb's verbal admission to me was not "proof".

In the absence of her written admission of infidelity a photograph of one's clearly identifiable wife being penetrated by another man is "proof".

In the simplest terms, from the date of discovering adultery (with or without photographs) and finding marriage with spouse intolerable, one has 6 months to initiate divorce proceedings.

Hope that helps.

PS My xtb held to her verbal admission.

  • gone1
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11 Jan 08 #10469 by gone1
Reply from gone1
I think like Vail does. Its just loose ends. This is the problem with return of service they dont always return it. The other problem is that when its in black and white they bulk at it. UB IMO is better as its a lesser charge and you can always mention adultary becuase no one can realy prove it unless as Vail suggested. In the old days people used to go to brighton to be photgraphed for the proof. I think we have moved on since then. Just wait and see. She can always return the service and just say she dont agree with the reasons but accept the divorce. That way it proceeds and everyone is happy.

It amazes me. This is 2008 not 1955. People get divorced all the time (its wrong in my view but hey) and there should not be adultary and UB. The marriage has broken down and thats that. There would be less hassle if the pettion just said that and it would be more likely be signed and returned with no hassle. Life is hard enough as it is. End off. Chris.

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