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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 estranged husband has recently filed on the

Customer Question

My estranged husband has recently filed for divorce on the grounds of my unreasonable behaviour and that I am now in a relationship and that we have been apart 5 years.
All 3 are false statements ,I can provide proof by Police reports and our joint claim of Social Security that it has been 3 years .
He is in a relationship ,actually lives with her and I threw him out of our home through his Alcoholism which made him very abusive.
I cannot afford a Solicitor but feel on principle to be blamed for his horrific behaviour is wrong.
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 are the specific allegations of behaviour?
Clare
Customer: replied 2 years ago.

I used my computer too much and neglected him and had a boyfriend all allegations untrue .

He now has liver disease through his drinking ...this man even raped me while drunk ...I was too traumatized to report it to the police but it is on record with my doctor .

Expert:  Clare replied 2 years ago.
Hi
is your ex using a solicitor at all?
Clare
Customer: replied 2 years ago.

yes he is ...I cannot afford one ..

Sian

Expert:  Clare replied 2 years ago.
Hi
Has he asked for costs on the Petition?
Clare
Customer: replied 2 years ago.

No this is not a money issue it is the principle of his lies about me .

How do I respond to this?

Customer: replied 2 years ago.

There is a mandatory 5 years ...but we have only been apart 3 years ...the judge has written to me stating there is nothing I can do but let this go ahead as we have been separated 5 years but I have proof it is 3 years.

Expert:  Clare replied 2 years ago.
Hi
Sorry - what do you mean the Judge has written to you?
Clare
Customer: replied 2 years ago.

I received the divorce petition from the courts it stipulated 5 years and my ex's reasons for grounds for divorce ...I replied back on the petition it was not 5 years and stated that all that was said was lies ...

The petition was then given to the judge to decide who wrote back rather curtly that there was nothing I could do as it had been 5 years we had been separated and the divorce on my ex grounds would go through because of the 5 years ...

We claimed Social Security together lived together up until 3 years ...the Police were called as he was violent and would be told to leave the house for the evening this was up until just over 3 years ago ...we were living together as man and wife ...

Expert:  Clare replied 2 years ago.
Hi
When did you receive the divorce petition?
Clare
Customer: replied 2 years ago.

About months ago ..I wrote back last week ....it did not stipulate the grounds only that I was in a relationship my estranged husband told me that he had also filed that I he had filed for unreasonable behaviour as I used a computer

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of the Petition in front of you?
Clare
Customer: replied 2 years ago.

No I filled in the part I needed to and returned it ...asking would I be represented by a Solicitor and anything further I wanted to add?

I added that is was not 5 years as stated and that he had been unreasonable through his Alcoholism .

I stated that all that was said was untrue.

Customer: replied 2 years ago.

this is the form I was sent

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf

Expert:  Clare replied 2 years ago.
Hi
Which box was ticked in part 5?
Clare
Customer: replied 2 years ago.

1st box and last box

Expert:  Clare replied 2 years ago.
Hi
If you do not wish the divorce to go ahead then you need to file a formal defence stating that you have not lived apart for five years.
A letter to the court will not be sufficient - it has to be a formal defence - which is called an Answer -
the fee for filing that is £245.
You need to do this as a matter of urgency as you are already out of time given what you have said.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

I have no choice but let my extremely abusive ex lie about me and how long we have been apart I cannot afford £245 ...weather this divorce will be legal in the eyes of the law I do not know ...he has lied on oath about the time span ...there is nothing I can do but thank you so much for your help

Sian.

Expert:  Clare replied 2 years ago.
Hi Sian
If you do not defend it then it will go ahead and be legal
Don't forget you can make financial claims within the divorce proceedings
Clare

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