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what if she refuses to allow a divorce

  • lostatsea
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01 May 09 #112419 by lostatsea
Topic started by lostatsea
my wife is refusing to accept that we have no option but to divorce, following her internet affair. she says it wasnt a real affair, so why get divorced?

I hope someone can answer my question - what happens if she decides she wont agree to the divorce once the papers have been sent?

thanking you in advance for any help

  • rubytuesday
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01 May 09 #112423 by rubytuesday
Reply from rubytuesday
Hi lostatsea

welcome to wiki.

if your wife decides to defend any divorce action bought against her, then the next stage is an Options Hearing. This is intended to give parties a chance to meet before the sheriff in order to ascertain if agreement can be reached without proceeding to a full proof (see below) or, if this is not possible, to focus the precise disagreement between parties.

The Proof If the matters at issue are not resolved the case proceeds to a 'proof.' A proof is a full court hearing where evidence is given by witnesses in proceedings open court. It can be reported by the media, subject to certain restrictions aimed at protecting 'public morals' and children.

The court may also refer the dispute to a mediator accredited to a specified family mediation organisation at any stage in the proceedings

hope this helps


  • Fiona
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01 May 09 #112434 by Fiona
Reply from Fiona
The problem is what action can you bring against her? An internet affair isn't adultery and there is a strong burden of proof required to cite unreasonable behaviour. If there isn't sufficient evidence you may need to wait one year and divorce with consent or two years to divorce without consent.

Separation won't necessarily take any longer if there are finances and arrangements relating to children to sort out. Citing separation may save a significant amount in legal fees, especially if there are no outstanding financial issues or matters relating to children, because you can use the simplified procedure without a solicitor.

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