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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
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What happens if someone raises a divorce petition in

Customer Question

What happens if someone raises a divorce petition in scotland, using adultery,names a correspondent and the respondant and corespondent agree that the person named as corespondant is not guilty of the charge!!... If both have new partners ( the petitioner and respondant)and have had for 16 mnths been separated for 20 months are they not the ones committing adultery??..What should the corespondent do in this situation??.. Nothing??
Submitted: 9 months ago.
Category: Scots Law
Customer: replied 9 months ago.
Also this person is harrassing my husband by email , texts and calls accusing me of causing the break up of her marriage almost 2 yrs ago and saying some very unpleasant things about me!!.. Her husband has told my husband that this is not the case..How do we stop this??..Its getting us both down !!
Expert:  JGM replied 9 months ago.
As I understand your narrative both parties to the marriage have committed adultery and one has raised a divorce citing another party as being the person with whom the defender committed adultery? If I am right on this so far can you please explain the next part in a little more detail as I found your narrative a little confusing.
Customer: replied 9 months ago.
She said in an email to my husband that she was going to name me and I would be getting the paperwork from her solicitor..Apparently when they split up he confessed to seeing somebody else after shed hacked his phone and got lots of mixed up messages, some from me.. Shes gone through the couples ( customers of his business)accusing the wife of being the one and seems to have settled on me!!!...He told my husband that he is now very happy in his relationship, and should have left her years ago and doesnt know why shes targetting me ,also that she moved on to a new relationship VERY soon after he left so doesnt know what she can gain from this. His solicitor told him that hes sure she would be advised to wait four months and go for a simplified divorce as they would have been separated for 2 years, that there are no grounds for adultery with me!..I dont know what I should do if anything!!.
Expert:  JGM replied 9 months ago.
Thanks for your response. The difficulty she faces is that if she decides to raise divorce proceedings on the ground of adultery the burden of proof is on her to prove her case with actual evidence. For obvious reasons adultery is very difficult to prove and is very, very difficult to prove if the defender and the paramour don't admit adultery as is the case with you and her husband. All I would advise you to do is make it clear that you don't admit the adultery and that any claim that you did will be resisted. i agree that her solicitor would normally advise that a SP divorce would be quicker, less expensive and much easier to process from an evidential point of view. Happy to discuss further. i hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 9 months ago.
Should i reply only if i receive documents?.. To her solicitor??.. My husband has ignored all her correspondence to date.. I thought i might be better telling her to stop harrassing us or I would get police involved?..
Expert:  JGM replied 9 months ago.
The police won't get involved as they will see this as a civil matter. get your solicitor to write her a letter warning her off.
Customer: replied 9 months ago.
Should i do this now??.. Or wait to see if she does send documents??.. What happens if i dont reply to documents??
Expert:  JGM replied 9 months ago.
I would tend to do it now. If you are served with a copy of the divorce papers that allege you are the paramour you can enter appearance denying that and in the absence of proof her action couldn't proceed. If you do nothing, legally there are no consequences for you, as the action is against her husband, not you.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 9 months ago.
Thanks for your help.
Expert:  JGM replied 9 months ago.
Your welcome. Thank you for using JustAnswer.

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