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UB more than 6 months ago on Petition

  • rubytuesday
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21 May 12 #332010 by rubytuesday
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Im asking this on behalf of another member.

he has received a draft Petition, which not only contains allegations of violent and aggressive behaviour (and are untrue), but the majority of the examples cited (10 out of the 12!!) occurred at least 18 months ago, when in fact he only left the MH in Jan this year.


Would such examples stand, or would the Petition be rejected as they had "managed" to remain in the marriage for some considerable time after these allegations?

he fully intends to send back an amended petition, removing all the allegations of violent/aggressive behaviour.

  • cookie2
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21 May 12 #332018 by cookie2
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Draft Petition - presumably one that badly written is from his STBX directly rather than a solicitor!

It seems she wants to play hardball and is making up rubbish, how likely does he think she is to change the grounds just because he asks nicely? If he thinks she will listen to his point of view and compromise then he can politely advise her that the petition is likely to be rejected, and make suggestions for changes. If he thinks her answer will be "screw you" then I would advise him not to bother replying, rather to get in there first and file his own UB petition with court. If he wants a divorce in a timely manner and she is not going to listen to sensible advice, then he definitely needs to take control.

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21 May 12 #332019 by rubytuesday
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Thanks Cookie - the draft came from her sols, and is one of the most poorly-worded petitions I''ve seen.

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21 May 12 #332025 by cookie2
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If her solicitor is that bad then it may be worth him getting in there first. If they make this kind of schoolboy mistakes then goodness knows what else they''ll get wrong down the line. If he allows her to proceed then the divorce could turn into a big tangled mess, of amendment after amendment.

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