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I''ve been counterpetitioned

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7 years 6 months ago #386551 by Sucee
I''ve been counterpetitioned was created by Sucee
Hi All, first time post for me as I need some advice quickly. I left my STBX after 14 years of domestic violence and abuse. I petitioned for divorce myself as I can''t afford a solicitor and the papers were sent to him 20.03.13. Today I have received a petition from him completed by his solicitor citing my adultery . I am in a relationship now but this commenced long after the separation . He is in fact living with a new partner now. Just don''t understand why his solicitor would advise him to do this and don''t know how to respond. I find that I look all my self believe when he does things like this as it is always about cruelty and control - just like it used to be before I found the courage to leave him>

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7 years 6 months ago #386557 by dukey
Replied by dukey on topic Re:I''ve been counterpetitioned
I very much doubt its the solicitor that suggested this, it will be your ex, the solicitor does as instructed.

In short adultery requires a confession statement (from you) or a baby, or absolute proof of adultery , if you did not commit adultery while you were together simply deny the allegation.

If you sent your application first just pursue it.

At the end of the day it does not really matter who divorces who providing the costs of the divorce are agreed from the outset.

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7 years 6 months ago #386562 by Sucee
Replied by Sucee on topic Re:I''ve been counterpetitioned
Thank you for that. His solicitor has used very strong tactics already to try to force me to admit to adultery and does have a reputation for being antagonistic in family matters. I''m pretty certain that my ex won''t return the acknowledgement of service for my petition so I assume I should not return his. I''m just unsure what will happen if he pursues this. Obviously, I will have the papers served on him by the Court butdon''t know if I need to contact the court or just wait?

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7 years 6 months ago #386568 by dukey
Replied by dukey on topic Re:I''ve been counterpetitioned
Just a thought, why don`t you reply and suggest you will agree the marriage is over and sign the AoS providing the allegations are not raised at any future hearings and that no claim for costs are made.

If you can`t live with adultery you could ask them to amend to unreasonable behaviour, they wont want to do this as its more costs, worth thinking about though.

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