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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I applied divorce 3/12 years ago but my husband pursuaded

Resolved Question:

I applied for a divorce 3/12 years ago but my husband pursuaded me to not go through with it and to allow him to live in the family home and i moved into a flat. Now he has a new girlfriend and has petitioned me for a divorce on grounds of unreasonable behaviour, ie, refusing sex, refusing to cook for him, smoking in my home and mental illness (depression). all of which are irrelavent as we havent lived together for nearly 4 yrs. can i now divorce him for adultery instead?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. You will only be able to pursue a divorce under adultery if your husband confirms in writing that he agrees that adultery has taken place. Given that you have been separated for 4 years, it would have been more sensible for him to seek your consent and apply under two year separation. Given that the petition has now been issued, it may be better for you to acknowledge receipt and state that you do not agree with the statement of case but you do not intend to defend the divorce. Defending a divorce is costly, stressful and the likelihood of success is low. Furthermore, as part of the divorce you will need to consider coming to a financial agreement with him if there are assets involved as the divorce does not sever financial ties.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating.
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