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Why adultery - please help?

  • mushroom
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29 Aug 07 #2570 by mushroom
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I am lucky as I have a relatively amicable relationship with my ex! Why then, after agreeing to div on grounds of 2yrs sep do you think I have received a stamped petition from court (no draft!) sighting adultery? Is this a calculated move by his solicitor? Please note the alleged adultery took place after we had sold the MH and separated!Also by the dates stated, my ex was by his own admission scr**ing a local estate agent (married and is still) prior to this!! Any ideas would be appreciated! Thank you.

  • jay160602
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29 Aug 07 #2575 by jay160602
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thought she needs proof of your adultry? You could cross petition naming the estate agent as the person she commited adultry with.

Not 100% sure but i thought the only benefit with petitioning adultry are that the adulterer pays for both sides of the divorce. (ie you, but you can deny it if she can't prove it & divorce her for her UB)

She obviously doesn't want to wait for 2 years. Women are impatient by nature, wave goodbye to amicable.

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29 Aug 07 #2576 by mushroom
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I am a woman and am not really that impatient given that we sold the MH and separated in Apr 2004.

Thanks for your comments though. I am seeing a solicitor tomorrow as I had taken my ex at his word so thought I would be able to deal with it myself! The idea of cross petitioning sounds interesting as by his own admissions to me there are another 5 aside from the estate agent who I would happily name as he seems to have stabbed me in the back.

PS. I assumed it must be something to do with costs!!!

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29 Aug 07 #2581 by jay160602
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oh right, you have already been seperated for over 2 years & he uses adultry as his method to divorce you.

must be money related. Perhaps he's about to re-marry & doesn't trust you consenting?

Not nice is it receiving the petition, i received one off my wife stating Unreasonable behaviour, she mentioned 5 points, only 1 was true but was hardly grounds for divorce.

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29 Aug 07 #2599 by gone1
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Hi Mushroom. If you have sex with someome whilst still married its adultary. This includes if you are seperated or not. Its not nice to recieve this though and I think the law is daft on this one.

You dont have to cite the other party anymore. Its not worth a cross pettion as you will be wasting your money. Just sign it and return it. Courts dont look at adultary pettions like they do with UB so I am told by my solicitor. Its just stamped. Mind you they dont look at UB that much.

I would have thought that your ex would have contacted you to say I am going to do this. Puts your back up a bit.

But hey thats divorce for you. Not a nice process at all. Chris.

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03 Sep 07 #2776 by mushroom
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Well I met with my solicitor and she said that a cross petition would just be a waste of money and that if we both want to be divorced just to sign the form and admit. Also, he is not asking me to pay so long as I don't defend the claim!

Still hopeful that this isn't going to take toooooo long but guess I'll have to wait and see!!

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03 Sep 07 #2807 by gone1
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Hi Mushroom. I got the same advice from my solicitor. Its a bit annoying and mine said the same to me. Except I got UB instead of adultary. I think I would have cross pettioned though as I didnt do anything wrong. It was not worth it for UB though as I had made the reasons up!!!!

To be honest I just wanted it over.

It takes months and months to get to court. My pettion is registered Febuary 2007. My 1st hearing is November 12th. I have been told I have a few weeks yet until I get my nisi. I wont be divorced until spring 2008. So you have plenty of time. I was told mine was fast track!!! Legal time is like intersteller time. Slow. Chris.

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