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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8542
Experience:  Barrister at law
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I have received a petition for divorce from my ex, through

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Hi, I have received a petition for divorce from my ex, through family court. While I want the divorce, he has made claims in the reasons (behaviour) that aren't true.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: He filed them, I received them yesterday
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Bury St Edmunds is the family court but I live in East Yorkshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I ended the relationship in January. I am mostly concerned about the house I live in and the kids

Good afternoon.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

If you want to get divorced but do not like what the petitioner has said about you as the respondent, you can do what they do in the USA and essentially “plead the fifth”.

This means you say that you do not intend to defend the divorce, but that you do not agree with the allegations.

This allows the divorce to go through undefended but without any findings of fact having been made by the court.

If there are minor errors such as incorrect dates, spellings or names, you can ask the petitioner to amend them and if they won’t you can tell the court what the errors are and they will be forced to change them.

The court will not take any allegations about a spouse’s behaviour into account unless it is conduct, which should be taken into account because it would not be fair to leave it out.

The possible types of conduct fall into roughly three categories:

  • Financial misconduct – e.g. if a spouse gambled away the family money or fraud.
  • Litigation misconduct – e.g. if a spouse was obstructive or dishonest in court proceedings.
  • Other misconduct which would need to be extreme to be taken into account – examples from past cases are murder, sexual abuse of grandchildren or violent assault to the extent of disabling the spouse.

Assuming none of this applies, then the facts as stated in the petition will have no bearing on the financial arrangements.

I trust that this assists?

Customer: replied 5 days ago.
how would I respond? Do I write that in a letter which I add to the form I need to return?
Customer: replied 5 days ago.
He also ticked "financial order" for himself and the children. I am concerned as he has threatened me via text that he would tear me to shreds if he could afford to and have me removed from the house I inherited from my dad before we even met.
Customer: replied 5 days ago.
The house is in my name and my mum's name.

You can write a letter but there should be space on the acknowledgement of service to simply write the words "I do not intend to defend the divorce but I do not agree with or admit the allegations of behaviour as set out in the petition" next to the question that asks if you intend to defend the divorce or not.

I trust that clarifies?

Ticking a financial order means that he intends to make an application for the court to decide on a fair division of any assets. That's a separate issue but please don't assume that just because he has ticked this box that you will be torn to shreds.

The court will look at all assets, try to keep anything that predates the marriage out of any joint pot and of course take the best interests of the children into consideration.

Customer: replied 5 days ago.
Thank you, ***** ***** I understand. I will try to come up with a response, I have 7 days to do so and hope that it will all be over soon.I trust I can use this service again with any further questions?

Yes of course - and happy to help.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

plclegal and other Law Specialists are ready to help you
Customer: replied 5 days ago.
Thank you!

Happy to help.