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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hello thank you for your time. My name is***** and

Customer Question

Hello thank you for your time.
My name is***** and I live in Nailsea Bristol, I have been married to my wife Jessica for 12years. There is an age gap between us of some 23 years which has been proven to be quite significant over the time we have been together.
As well as being lovers in the first instance my role has also been that of a substitute father for guidance and support.
It has been successful ironically because now we find we wish to lead separate lives , my wife has found new confidence and a new inner self. Most telling of all is the fact that she has moved gender !
There is no animosity between us and we will always remain the best of friends , when it comes to leaving we have decided to share the value of the property 50/50.
So when we petition for divorce we would wish to stay in the property a little while longer. I know in traditional terms one person has to leave but in our circumstances would not the judge see our situation as unusual and therefore consentable based on:
1. My wife now identifies as a gay woman.
2.We have lived in separate rooms for over 3 years.
3. Our social live follow distinctly different circles.
Hope you can help as my local solicitor doesn't seem to want to entertain this, perhaps one doesn't need a solicitor you go directly to the court with your plea.
Yours Sincerely.......Chris Horder
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am not entirely certain what you are asking.
Do you wish to issue a Divorce Petition based on your ex's Unreasonable Behaviour?
Customer: replied 3 years ago.
Relist: Inaccurate answer.
In my letter it mentions nothing about me implying its unreasonable behaviour on behalf of my wife. And she is not an 'ex' !!

Please may I ask that you give my very open letter more legal thought , thank you ,Mr Horder
Expert:  Clare replied 3 years ago.
I am sorry for any offence caused but as I explained to you I am far from certain what it is you wish to know.
You refer to Divorce Proceedings but the only identifiable ground that can be used is Unreasonable behaviour unless you can show that you have lived entirely separate within the house - no shared cooking/cleaning/washing/shopping
I refer to her as your ex simply because it seems clear that you both feel that the marriage is over.
It would help if you could confirm what it is you wish to know about your position