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divorcing a drug addict

  • Pizzagate
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16 Apr 24 #522893 by Pizzagate
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Hi all, my wife started divorce proceedings against me back in 2021, but after her boyfriend dumped her I believe she stopped everything (despite the fact she doesn't want to be with me, it benefits her financially to remain legally married to me). I want to get the divorce happeneing again but I'm worried about how she is going to react to this. She started using drugs heavily back in 2020 and continues to do so, as such she is prone to outbursts that will send my (our) children (13+16) running to their rooms. Such an incident happened recently and I've decided enough is enough, I'm tired of my children and myself living in fear of these manic outbursts, I need to get this divorce done, and I need to get her out of my home, but I am terrified of how she will react when she finds out I'm starting proceedings against her.

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17 Apr 24 #522894 by WYSPECIAL
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Are you still living together?
Do you have any paperwork from the divorce she started?

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18 Apr 24 #522902 by Pizzagate
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Yes, we are still living in the same house and, yes, I have the original letter telling me that she applied for a divorce. I did try to chase it up using the case No. but I'm yet to hear back from anyone.

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27 Apr 24 #522958 by hadenoughnow
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If she did not withdraw the petition you may need to apply to have it dismissed.
If her behaviour at home is having an impact on both you and the children, you may want to explore whether an occupation order could be appropriate.

Hadenoughnow

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28 Apr 24 #522960 by Pizzagate
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I was half hoping that her application would still be valid so that I wouldn't have to pay the costs.
I looked at occupation orders as per your suggestion, it seems that in actuality they don't last more than 6 months. It isn't my intention to sell the house, as I'll not be able to buy another and I don't want to put myself and my children in a rental property, the only stability any of us have in life right now is the fact I own my house.
It seems my options are, live with a unpredictable drug addict or, spend every penny of my equity on an unsecure housing arrangement..

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29 Apr 24 #522961 by hadenoughnow
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It depends whether you got as far as Decree Nisi. If there's a decree nisi in place you, as respondent, could apply for the Decree Absolute. Unfortunately this is only part of the problem. You would still need a financial settlement. I would be very concerned about the impact all this is having on the children. Is there any way you could get some sort of help for her - rehab or something - to give them (and you) some respite while you work out what to do next?

Hadenoughnow

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29 Apr 24 #522964 by Pizzagate
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It never got as far as decree nisi, at this point I can only assume she withdrew the petition. The financial settlement should be straightforward enough, I want no more than 50% of everything and I doubt she'll want to argue for more, as she has no real case to ask for more.
She'll not go to rehab, she has legitimised the drug taking in her own mind, genuinely believing that she can't function without it. Besides which, I'm pretty sure she deals to friends to supplement her income, or at least to cover the cost of her own usage.
Not that I can afford it, but I think I might need to get legal advice on whether an occupation order could get her out of the house permanently.

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