I filed for divorce a little while back on the grounds of domestic abuse. I was told my ex couldn''t contest this. I received a letter this morning off my solicitor with an email she had received off my husband, saying that the abuse never happened and it was ME who had gone out and had affairs. :| CAN he do this? im so confused and angry and have to wait 5 days for an appt with my solicitor.
Does this mean he''s going to try and take me for divorce on these lies?????? Any help or suggestions as what to do would be much appreciated!
I don`t know who you were talking to but anyone can defend a divorce application even though its silly to try, very often when a person applies on the factor of unreasonable behaviour the other person will say no i don`t accept what was said, but the divorce can still go ahead providing they sign the court form.
Chances are it will just go through, worst case is he cross petitions, then its down to a judge to decide which application will be used.
The only situation I can think of where a Petitioner would be advised that a respondent could not defend a divorce based on domestic violence is when the respondent has been subject to criminal proceedings or where other proceedings have taken place where the violence has been proved i.e. a finding of fact hearing.
I am not going to try and tell you what to do, but I am currently involved in the early stages of a divorce and the facts are that the only people who will see divorce petitions are the couple, their solicitors and a judge. So if you want to get a divorce (and if there is dom abuse as there is in my case then you WILL) then the contents of the Petition only need to convince the judge that the marriage has broken down.
So there is not too much point in arguing about the contents of the Petition, there will be plenty of other more fruitful arguing when you come down to financial affairs and property.
I wish you luck, you have come to a good place for help, advice and support here!