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defended divorce

  • Biggirl4
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11 Apr 12 #323039 by Biggirl4
Topic started by Biggirl4
Hi, I''m new on here. I petitioned my husband for unreasonable behaviour. He defended the divorce and has given an Answer with reasons for doing so. I have now received a D10 Acknowledgement of service. Do I fill it in now as respondent or petitioner? I''m worried that if I don''t object to what he says, the court will see this as me accepting that the divorce would be thrown out. Any advice gratefully received! X

  • TBagpuss
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12 Apr 12 #323294 by TBagpuss
Reply from TBagpuss
it depends what he is saying.

If he is effectively cross-petitioning then the simplest thing to do is to allow the divorce to go through on his cross-petition. Legally, it does not make any real difference who divorces who.

where the Q asks wehther you intend to defend the dvorce you can put "No, as I accpt that the mariage has irretrievably broken own. I do not however accept the truth of all of the allegations made byy the hsuband or that my behaviour is the [main or only] reason for the break down of the marriage" You can also add, if you wish (and depending what your ex has put in his answer/cross-petition that you stand by what you saidin your Petition but are content for the divorce to proceed in the basis of his.

In the section asking about costs put that you object to paying the costs as costs have been unecessarily increased by the Husband cross petitioning.

If he is not cross-petitioning but is trying, in his answer, to say that the marriage has not broken down then the situation is a little different, and you are likely to need proper legal advice.
Have you seen a solicitor?

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