Last hope for Free Divorce Advice

Stormdart

A friend of mine is desperately needing to be released from her marraige, she has been separated from her ex for 16months, and he pays hardly any monies for the upkeep of their 3 children -8, 13, 15. She is a snr staff nurse and has had to start working nights so she can cover all bills, costs and all other monies children need clothing, luxuries etc. He is living with his new girlfriend now and continually turns the children against her by saying things like she is an unfit mother neva being there for them working nights but wont help out toward their upkeep??
She needs to know a correct format to term unreasonable behaviour ie: seperate social life, squandering monies away from her, adultery ( but cant do him for it cos she found out way after the expiry time needed for separation) too many affairs to list, etc, she cant afford a paying lawyer and dont have the time allowed to visit citizens advice, all they hav said are the basics and she needs someone more qualified in law.

She is really at her weakest point now and needs all the advice anyone can offer plsssssssssssssssssssssssssssssssssss

wannabe_sybil

Is your friend's husband likely to contest the divorce? If not and she can hang on 8 months, then you can apply for divorce on the grounds of two years separation, although the partner must consent to this.

If I have got the technology right, this linky http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm should take you to the court service site which can answer a lot of questions.

There is no formal wording for unreasonable behaviour, but just to say that the marriage has broken down irretrievably due to the unreasonable behaviour of the other party and give examples.

If you continue to live with someone for more than six months after you discover ongoing adultery you cannot use that as a reason for divorce. If you find out about the adultery, leave the next day and then file for divorce sixteen months later you can still use adultery. Or you can use the adultery as an example of unreasonable behaviour.

Your friend may find it useful to phone her local county court. They cannot give legal advice but they can advise on completing forms. They should be able to give some indication about what is acceptable wording and what isn't.

You can often get an appointment with a solicitor for an initial half hour free appointment. This may be helpful later on when dealing with financial aspects.

I hope this helps.

wannabe_sybil

Need to add - I don't really understand about the bit where you say she found out about the adultery after the expiry time for separation.

Also, there are some online firms that will handle the divorce for you, but they do charge. If it is a complex matter it may be worth seeing if it is affordable.

Stormdart

thanx wannabee sybil, he will contest it and she knows everyhing you have said barr the link, we will check it out. thanx

glossgal

As far as I know you can claim a divorce after 2 years separation (if both consent) as a 'ground' in itself. Otherwise I really don't think your friend needs to go into the gory details of what unreasonable means as I don't think the courts wanna hear it! (I stand to be corrected )

She should get some legal advive though as there are children and maintenence issues to address. Most people think this will cost the earth but in reality your friend may only need an informed chat with a solicitor. Most high street ones will usually specialise in family law and therefore offer a free consultation that might set her on the right path.

wannabe_sybil

Stormdart wrote: »

thanx wannabee sybil, he will contest it and she knows everyhing you have said barr the link, we will check it out. thanx

What you are saying does not make sense to me.

It may be worth while checking on the CSA board to see if she can start claiming through them even if she is only separated. Also has she any entitlement to legal aid?

Hope this helps

Stormdart

thanx sybil, she says that aparently you cant use adultery if its after 6months of finding out about it! thats wat we meant??

wannabe_sybil

Stormdart wrote: »

thanx sybil, she says that aparently you cant use adultery if its after 6months of finding out about it! thats wat we meant??

Did the separation happen more or less after the discovery of the adultery? Not the filing for divorce. Also adultery can be cited as the grounds of unreasonable behaviour. Adultery can affect the size and nature of the financial settlement.

Stormdart

unfortunately she not entitled to legal aid due to equaty on mortgage and she earn £140 extra a year more than she is allowed for assistance!!

Stormdart

no unfortunately she put up with him for a few more years after that due to children!

Stormdart

thanx glossgal for your advice!!