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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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I received divorce papers yesterday, however, my husband only

Customer Question

I received divorce papers yesterday, however, my husband only left 6 weeks ago and has become very stressed and depressed since the birth of our son. We were arguing, but nothing unusual, and so everything seemed ok. Since he has left he seems out of character, and his grounds for divorce (unreasonable behaviour) are very strange and include things such as "she stopped me cutting the grass due to her hayfever". Since leaving he has flipped between being nasty to hugging me, buying me tea etc. and yesterday I found out he had set up a fake twitter account to spy on me. I feel that the petition has been made when he is not of a sound mind. I think it's a decision he will come to regret, particularly because of our 5 month old baby. He would not admit this - if I mentioned talking to a doctor about being depressed etc. he would deny being ill and flip it and say I am the one who is "nuts". Is there any way to delay the divorce or stop it all together, as I really think it is something that he will regret.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to help you but I need some further information first.
Has he instructed a solicitor to deal with this - and can I assume that YOU do not want a divorce?
Customer: replied 4 years ago.

Yes he's instructed a solicitor. No, I don't want a divorce.

Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 4 years ago.
At this stage the easiest way to delay it is simply to ignore the paperwork.
There is no way of going forward unless he can prove that you have seen the paperwork - so at this stage doing nothing is fine.
However if in a few weeks time you receive the paperwork from the Court Bailiff then you will have to act as otherwise the divorce will go ahead anyway.
The Choice you have to make at that time is whether to simply allow it to continue but only if he does not claim costs - or whether to defend it.
Certainly the example that you have given would NOT amount to Unreasonable Behaviour.
In the mean time you could write to his solicitor saying that you wish to discuss matters such as finances and Contact at Family mediation. do NOT acknowledge that you have seen the petition in that letter.
I hope that this is helpful - please ask if you need further information
Customer: replied 4 years ago.

He already knows I have received the paper work as he came to see our son yesterday when it arrived. Mediation has been set up already.

Expert:  Clare replied 4 years ago.
That is fine - he can know you have received it but so long as nothing is put in writing then he cannot prove it unless he arranges for personal service
That is good news about Mediation