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Divorce/separation

Defend divorce?

4 replies

mrsericnorthmaniwish · 03/07/2013 19:09

I been on here a lot:( I filed for divorce and since its been hell:( my h has said that unless I remove some of the points in the petition(the most damning ones conveniently) he will defend the divorce,without these points my solicitor says it may not go through:( what wwyd and what exactly does defending it mean? Thanks for reading

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Noregrets78 · 04/07/2013 13:08

Personally... assume these are threats and crack on anyway. My (limited) understanding is that it's very rare for people to actually follow through with defending divorce. To defend it means he doesn't agree that you should get divorced.

When he sends back his response to the petition there is somewhere he can state that he doesn't agree with the particulars which you have outlined - therefore not defending, but clearly stating for the record that he doesn't agree. If he has a solicitor they should suggest that to him.

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mrsericnorthmaniwish · 06/07/2013 01:33

Thank you:)I have been advised to take them out and hope it goes through. He doesn't agree but he had his opportunities before we got this far but he never did anything:(

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Collaborate · 06/07/2013 09:37

It costs to amend a petition.

On the other hand judges allow very mild petitions to proceed (though you should value the advice if your solicitor. They will know the local judges).

If you have some proof that he's been served (a letter from him or his solicitor?) you can apply for an order for deemed service. The judge will, if granted, deem that he's already been served and that the time for filing a defence has passed, leaving you free to apply for nisi.

Would he meet the

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SlimSchadey · 07/07/2013 18:25

Well, my STBX did the same thing and I removed the wording that he found so offensive. I did it because I wanted to show him that I still had plenty of other reasons to not want to be married to him and that I wanted to move along as soon as possible. So, you have your reasons. He knows your reasons. If he wants you to change them or edit them just do it -- unless it is an issue of DV, it really doesn't matter anyway. I think it boils down to the last bit of control they think they have.
My best piece of advice is to keep your eye on the goal -- rebooting your life!

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