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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33498
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband left me 18 months ago for another woman. I am petitioning

Resolved Question:

My husband left me 18 months ago for another woman. I am petitioning for divorce. I have had to have a bailiff serve the papers as he refused acknowledgment of receiving them in April when sent to his (then) address. He has now signed them saying he will not defend the case, but does not admit to adultery (the grounds in the petition). What do I do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What evidence do you have of the Adultery?
Clare
Customer: replied 2 years ago.

My husband left me and moved in to cohabit with a woman whom his workmates told me he was physically intimate with at work. I challenged him about this by text and have his text responses in which he admitted that he was having sex with her. All of his family (parents, siblings, children and cousins) and his workmates are all of the opinion that he is in an intimate relationship with her and they are still living together as husband and wife.

If this is not enough to establish adultery, would I be better simply reducing the issue to unreasonable conduct and what would this mean in terms of the petition already before the court?

Expert:  Clare replied 2 years ago.
Hi
Proving adultery is not easy so frankly yes it will be easier to apply to the Court for permission to amend the petition to one based on Unreasonable Behaviour which is much easier to prove - and all you will actually have to do is prove that he has seen it.
You need to get a copy of the petition and make the amendments - cross out what you are changing using a red pen and underline the new additions is red.
It should be re dated and re signed and these should also be underlined
You need to apply for permission to amend on this form
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
and attach the amended petition.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

He has said on the acknowledgement of service which he signed for the bailiff, that he does not intend to defend the divorce, but his partner has noted on the form in her handwriting that they do not admit to adultery. How do I stand ?

Expert:  Clare replied 2 years ago.
Hi
If he does not admit the adultery on the Acknowledgement of Service then you cannot go ahead on that ground.
You can however write to him and say that if he does admit the Adultery you will not claim costs - but if you have to amend the Petition then you will
Clare
Customer: replied 2 years ago.

Does it make any difference that the comment on not admitting adultery is in his partner's handwriting, rather than his?

Expert:  Clare replied 2 years ago.
Hi
No not at all
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33498
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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