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petitioner v's respondent

  • ted66
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06 Mar 10 #190445 by ted66
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What are the pros & cons of being the petitioner/respondent in a divorce? My wife refuses to commit herself to initiating the divorce although its seems an inevitable outcome so I may have to Petition her in order to try & move things forward more swiftly. What are the potential pitfalls of doing so?

Thanks.

  • Shezi
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06 Mar 10 #190456 by Shezi
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Hi ted

There are no significant advantages/disadvantages in who petitions other than the Petitioner is in control of the pace to a much greater extent.

If you feel that your marriage is irretrievable and you want to divorce but she won't initiate the process, then it is for you to Petition.

Are you certain it's over? Something about your post makes me wonder.

Shezi

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06 Mar 10 #190487 by ldg
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ted66 wrote:

What are the pros & cons of being the petitioner/respondent in a divorce? My wife refuses to commit herself to initiating the divorce although its seems an inevitable outcome so I may have to Petition her in order to try & move things forward more swiftly. What are the potential pitfalls of doing so?

Thanks.


I gave my STBX every opportunity to divorce me because I thought he would feel better and I didn't really care so long as I was divorced but he wouldn't initiate it. I started the process and am pleased I did otherwise we still wouldn't have started it and I am 10 months in and waiting for final hearing in two months. For me it was essential that I took the bull by the horns and just got on with it. I suppose it depends on the individuals concerned by he was a very controlling person and it was empowering for me to do it but |I only realise that now.

Whatever you decide to do I wish you luck.

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08 Mar 10 #190865 by ted66
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Hi Shezi,

The honest answer from my side is no but there appears to be no way back at the moment. My wife has moved in with another woman for whom she has declared 'feelings' & she refuses to commit herself to initiating a divorce saying she doesn't feel ready for that yet. Because of the gradual breakdown of the marriage & her above actions since separating, I cannot really see any alternative. I would in these circumstances be a reluctant Petitioner but resigned to my fate so to speak. The way I see it after 4 months of separation is that someone has to grasp the initiative to get things sorted.

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