My stbx has sent me duvirce papers without even telling me he is going to be divorcing me or even sending me a draft Petition. He has filed on behavioural grounds and none of which are even true. He is very rich with his own Bussiness and property''s. We were only married for 6months and when I was 5months pregnant he made me leave. There was domestic violence involved where police had to be called. I am worried that I will have to pay his costs as that is what he has asked for in the petition. He doesn''t provide a roof for his 3month old daughter or pay the csa. He has said he will apply to the court for a contact order however I haven''t stopped him to come see his baby.
Will I have to pay his fees?How do I avoid paying this fee as he will not speak to me and his solicitor is very nasty. Will he paying me anything else other than child maintenance? I have savings of £8000 which I will soon be using to support my daughter further.
When a person uses unreasonable behaviour as the reason for divorce they can ask you pay the cost, it does have to be reasonable costs though which tend to be around £1000-£1500 at the top end.
Solicitors are encouraged to send a draft first to try and agree, though they are not bound to send the draft, when they don`t and costs are not agreed some judges take a dim view on the fact that the Petition went straight to court, your best option is to try and agree the cost up front, maybe offer to pay half, this will give you a chance if it does end up in court, if you do nothing you will probably end up paying the whole lot.
As I understand it you cannot Petition for divorce unless you have been married a year.
Based on what you say I would doubt you would be eligable in law to capital due to the very short marriage (sounds like you are well out bearing in mind the violence) but your joint child should in law be getting (you) the correct child benefit from him.
It could also be that his conduct during litigation should mean that you get costs awarded against him for his abuse during the divorce process - litigation misconduct.
In your circumstance you need a good basic and decent family lawyer to stick up for your rights.
In your circumstance I think your lawyer should be looking for an interim payment for litigation (that is the cost of you having to employ a solicitor) to protect you from his harrassment.
You need to make sure that the Police reports go into any negotiation/court as proof of what you have experienced.
So there is no way I can get out of paying his costs? He is stubborn and I don''t think he will even negotiate. All he wants is money. I''m living with my parents and bringing up a child will judge look at this ? If I respond in the acknowledgment form saying no I don''t want to pay his costs what is a good explanation that will work?
I think that you just need to tell the truth. Put on the form that you do not believe you should pay the costs of the divorce, that you were made to leave by him and his family and that you are now forced into living with your parents. Put in the date you were forced out and the date you started living with your parents.