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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I petitioned for divorce in 2011 on grounds of adultery however

Customer Question

I petitioned for divorce in 2011 on grounds of adultery however I have twice now been told that there isn't enough evidence to permit it on those grounds, despite providing dates, locations and my husband not contesting. I have been told that I may be permitted a divorce if I re submit under grounds of unreasonable behaviour. How much will it cost me to re submit and is it worth pursuing the adultery grounds?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
I assume that your ex will not admit the adultery in writing?
Claire
Customer: replied 3 years ago.

I hadn't considered asking him to write a supporting statement as he has already read my petition and then signed it, I figured that as he wasn't contesting it that would be enough. It was never requested to get him to admit in writing.

Expert:  Clare replied 3 years ago.
Hi
Did he admit the adultery on the Acknowledgement of Service?
Claire
Customer: replied 3 years ago.

Yes, he did.

Expert:  Clare replied 3 years ago.
Hi
Did you live together for more than six months after the last admitted incident?
Claire
Customer: replied 3 years ago.

No, I discovered the details of a fling, which he admitted on 23rd September 2010.


I moved out on January 3rd 2011, we discussed the possibility of getting back together, which I hesitantly agreed to whilst still living separately, but within a couple of weeks of this he admitted that as soon as I left him, he had sex with another woman, at which point I drew the line.


It was when we discussed divorce in June 2011 that he admitted to 2 further occasions of having had sex with other women whilst we were together. The first was an affair with a secretary which I had suspected but never had any proof. The other was with another woman on a one night stand.


All three events were documented and although he wasn't pleased at how that made him look, he didn't contest this.


 


Stacey


 

Expert:  Clare replied 3 years ago.
Hi
When did you issue the divorce petition?
Claire
Customer: replied 3 years ago.


Hi,


 


I'm living in Gibraltar at the minute and all of my paper work is in Hull, so I can't give an exact date. However I think the rough estimate for the petition would have been July 2010


 


 


 


Stacey

Expert:  Clare replied 3 years ago.
Hi
Sorry do you mean that you issued the Petition in July 2010 and then lived with him until January 2011?
Claire
Customer: replied 3 years ago.


No, sorry to clarify, I petitioned in July 2011

Expert:  Clare replied 3 years ago.
Hi
In the Petition what was the latest incidence you relied on
Claire
Customer: replied 3 years ago.


I named all three incidences that occurred whilst we were married. I specified the dates they happened and the location. I then added when I had found out, when I moved out and the current situation ie that he now lives with another woman and I live in Gibraltar to reiterate that it was completely and irretrievably broken down.


 


Stacey

Expert:  Clare replied 3 years ago.
Hi
What dates did you give for finding out and moving out?
Claire
Customer: replied 3 years ago.

Hi



I found out about one affair in September 2010, which I informed them of. I moved out on the 3rd January 2011 which I informed them of and the two further affairs that took place whilst we were married I discovered after we had split and living apart.


 


Stacey

Expert:  Clare replied 3 years ago.
Hi
Do you remember the wording that you used in the petition?
Claire
Customer: replied 3 years ago.


Hi,


 


sorry, off of the top of my head no. I know that initially I used very clear bullet points stating facts such as


 


1. affair took place at ...date


2. discovered affair on sep 23 2010


3. moved out 3rd jan 2011


4. discovered further affair ...date


 


I then when submitting further evidence was a lot more subjective, describing in detail, my suspicions, what led to the discovery of the affiar, how that felt, what had happened since then right down to the current situation.


 


Regards


 


Stacey

Expert:  Clare replied 3 years ago.
Hi
I can only assume that there is a problem with the actual wording of the Petition - can anyone scan it for you and send it so we can review it?
Claire
Customer: replied 3 years ago.


Hi,


 


sorry but all of my stuff is in storage and I won't be able to get anyone to gain access to it.


 


Could you perhaps give me an example of how the wording should go? Or a clarification as to how it should be structured?


 


Regards


 


Stacey

Expert:  Clare replied 3 years ago.
Hi
Without seeing what you actually put it is impossible to work out what needs to be done to sort it.
The Court will send you a copy in return for a relatively small fee
Claire
Customer: replied 3 years ago.

Hi,


 


I am contacting the courts to see what I can arrange.


 


Regards


 


Stacey

Expert:  Clare replied 3 years ago.
Hi
That's fine I will wait to hear from you
Claire

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