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Help unreasonable Behaviour wording

  • claire2301
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04 Aug 13 #403238 by claire2301
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HI we are new to this site and just need a little help. My partner is filing for divorce on 2yrs separation but she wont sign, so We are in the process of amending the Petition to Unreasonable Behaviour......We would like advice on the following wording as unsure if the court would accept the following:

The Marriage has irretrievably broken down

1. Since July 2010 the Respondent cannot engage in discussion without resulting to accusations, dragging up the past, which the Petitioner has become resentful of and finds draining and completely unreasonable.

2. The Respondent and Petitioner are no longer intimate with each due to the Respondent sleeping downstairs causing frequent arguments and resulting in the Petitioner feeling unloved and neglected.

3. The Petitioner and Respondent do not have any common interests and rarely speak to each other, apart from discussing any issues regarding the children, leaving the Petition to feel isolated and lonely.

4. Whenever the Petitioners family or friends visited the marital home the Respondent became moody, over critical being verbally aggressive resulting in the Petitioner to feel isolated and anxious and unsafe.

5. The Respondent and Petitioner no longer socialize together and have lead separate lives since August 2010.

6. The Respondent was overspending and not paying bills without the Petitioner''s knowledge, causing the Petitioner to feel cheated and depressed.

7. The Petitioner moved out of the marital home in January 2011 due to the Respondents behaviour and continues to do so live with their new partners.

8. Both the Petitioner and Respondent are living with their newpartners and are both happy in their relationships.

  • rubytuesday
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04 Aug 13 #403262 by rubytuesday
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Hi Claire and welcome to Wikivorce.

You should only use behaviour(s) or examples of behaviours that occurred during the last 6 months of them having lived together as husband and wife. So your first example is outwith that time frame, you could remove the date of July 2010 and cite a more recent example of this behaviour.

Where possible, you should cite a specfic example (inc dates) of each behaviour, and try not to repeat the emotional words like "isolated", try using a different word to describe how the Petitioner felt.

Number 8 is completely irrelevant and has no place in such a Petition (and could be taken as admission of the petitioner''s adultery by the respondent) - I would also leave out the wording re new partners in number 7 for the same reasons.

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06 Aug 13 #403495 by claire2301
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Hi and thank you for your advice. I have re-written and would really appreciate your comments and we seem to struggling. Many thanks

1. During the latter part of the marriage the respondent cannot engage in discussions without resorting to accusations, dragging up the past, which the Petitioner has become increasingly resentful of and found it draining and completely unreasonable.

2 The Petition and respondent do not have any common interests and rarely spoke to each other in the latter part of the marriage, apart from discussing any issue''s regarding the children making the petitioner feel isolated and lonely.

3. Since September 2010 the respondent refused to socialise with the petitioner and began an active social life with her friends, leaving the petitioner to feel abandoned.

4. From September 2010 the petitioner and respondent were no longer intimate with each other due to respondent causing frequent unnecessary arguments and continually sleeping downstairs with eventually moving out of the marital bed November 2011 leaving the petitioner feeling unloved and neglected.

5. During the latter part of the marriage whenever the petitioners family or friends visited the martial home the respondent became moody and over critical, leading the respondent to be verbal aggressive to a family member over xmas 2010, leaving the petitioner to feel anxious and embarrassed.

6.The Petitioner moved out of the marital home on 1st Jan 2011 due to the respondents unreasonable behaviour. The respondent then moved out of the marital home in April 2012 allowing the petitioner to move back into the marital home.

7. The Petitioner was informed that same week of moving out of the marital home by his daughter that the respondents had burnt the remainder of his clothes and had also gave away/sold items of value belonging to the petitioner including his gym equipment that he was due to be collecting the weekend after moving out of the marital home. The petitioner found this intolerable.

8. The respondent and petitioner are currently in relationships with other people.

The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

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06 Aug 13 #403526 by rubytuesday
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Claire, I''ve made a couple of changes to your wording and removed Item 8 as it''s not relevant, and is an admission of the petitioner''s adultery (and could invoke the respondent to Petition on the grounds of the your partner''s adultery.

You will need to cite some more examples, where possible, of specific incidences - I''ve shoe-horned these into the first two items.

But otherwise, it''s fine :)

Ruth


1. The Petitioner feels unable to engage in discussions with the respondent without the respondent resorting to accusations, dragging up the past, which the Petitioner has become increasingly resentful of and found it draining and completely unreasonable. An example of this is XXXXX on [date]

2 The Petition and respondent do not have any common interests and rarely spoke to each other in the latter part of the marriage, apart from discussing any issue''s regarding the children making the petitioner feel isolated and lonely.

3. The respondent refuses to join in social activities with the petitioner leaving the petitioner to feel abandoned. One such example was XXXXX on [date]

4. During the last 6 months of the marriage, the petitioner has not enjoyed an intimate or loving relationship with the respondent, and the respondent has permanently moved out of the marital bed in November 2011and sleeps apart from the Petitioner. This has left the petitioner feeling unloved and neglected and unattractive.

5. During the last six months of the marriage, whenever the petitioners family or friends visited the martial home the respondent became moody and over critical, leading the respondent to be verbal aggressive to a family member over Christmas 2010, leaving the petitioner to feel anxious and embarrassed.

6.The Petitioner moved out of the marital home on 1st Jan 2011 due to the respondents unreasonable behaviour. The respondent then moved out of the marital home in April 2012 allowing the petitioner to move back into the marital home.

7. The Petitioner discovered in January 2011, shortly after moving out of the family home that the respondents had burnt the remainder of his clothes and had also disposed of items of value belonging to the petitioner including his gym equipment that he was due to be collecting the weekend after moving out of the marital home. The petitioner found this intolerable.


The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

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06 Aug 13 #403529 by claire2301
Reply from claire2301
thank you for your help and we cannot tell you how much we appreciate it. I will rewrite it up and get it posted off to court. once again thank you and hope its accepted by the court.

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06 Aug 13 #403531 by rubytuesday
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You''re very welcome, let us know how you get on?

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06 Aug 13 #403548 by claire2301
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hi I have just written these examples for 1 and 3 are these ok and enough or do I need to do more...sorry for all the questions but we are finding itdifficult to get it right.

1. During August 2010 the Petitioner was discussing with the respondent on using a sunbed and if she would like to join him but the respondent shot him down with "you only want a tan to pose off to other women like you''ve done in the past.

2. The Petitioner and respondent were both invited to a family BBQ in August 2010 and family Bonfire party in October 2010 to which the respondent refused to attend and proceeded to go out both evenings with her friends.

many thanks

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