What happens if one partner wont sign?

xmaslolly76

Well it appears to be unreasonable behaviour to us IE : she said one day she was going left the next and never uttered a word to him until after about 12 months when she phoned him because she wanted something he didnt know where she was who she was with if she was alive or dead. If we can do that does that mean her signature would not be required ?

mookiandco

Sorry, there is lots of wrong advice being given here. You can divorce on the basis of unreasonable behaviour at any point. If you try to divorce on 2 yrs seperation you will need her consent (she is consenting to the fact that you have been seperated for over 2 years). You do not have to wait another 3 years for the 5 yrs seperation to apply if she doesnt consent to 2 years seperation, you can simply use the unreasonable behaviour fact. If you dont think she will consent to the 2 yrs seperation, do not rely on this fact as you will only need to make an application to amend the divorce petition later on if she refuses to give her consent. This will just delay proceedings so if you are in any doubt whether she will consent then you should rely on her unreasonable behaviour. Unreasonable behaviour is subjective ie what is unreasonable to the person petitioning for divorce. You will need to give details and approximate dates of atleast 6 incidents which you would term as indicative of her unreasonable behaviour with some detail about how they made you feel. You need to convince the court that her behaviour was unreasonable but you only need mild allegations and it is best to stay away from anything too contentious.

Do not even consider adultery unless you have definitive proof. This fact is only usually successful where you are able to prove that a child was born as a result of an extra marital relationship. This is not a fact to use if you are uncertain about what you are doing.

When the divorce petition is issued by the court it is sent to the respondent with an acknowledgement of service form. She needs to sign this form regardless of which fact you are relying on. The form asks if, when and where she received the divorce petition, whether she wishes to defend it, whether she objects to paying the costs of the divorce, whether she agrees with the arrangements for the children etc etc. (if its on 2yrs seperation it will also ask if she agrees that you have been seperated for over 2yrs)

The return of the acknowledgement of service form is all the respondent has to do. The rest of the divorce ie applying for decree nisi and decree absolute is down to the peitioner. However, if the respondent does not return the acknowledgement of service form then you will need to prove to the court that she received it. This would include applying to the court for bailiff service (takes months and months due to huge back log). As this is not likely to be straightforward because the ex is playing silly beggars, I would suggest getting legal advice if you can.

busiscoming2

mookiandco surely xmaslolly's partner could divorce his ex on the grounds of HIS adultery?

xmaslolly76

True we have a baby on the way busiscoming but can you really petition a divorce against yourself would she not have to do that. I also read somewhere that adultry has to be petitioned within 6 months or you are classed as having accepted the behaviour. We know she was living with another man and can prove it but adultry just never seemed to come into the equation they both just moved on they didnt split because of other people in their lives. This sounds a little defensive but Adultry is such a dirty word to me its like we did something sorded and behind her back when we didnt we met months after she left him and she was well aware that he didnt want her back. I would rather go for unreasonable behavour and if we cant then we wait.

mookiandco

busiscoming2 wrote: »

mookiandco surely xmaslolly's partner could divorce his ex on the grounds of HIS adultery?

No you cant petition on the grounds of your own adultery or your own unreasonable behaviour.

Mely

Hi Xmaslolly....i would feel the same way as you re: citing adultery. It makes your relationship with your partner sound sordid when it patently isnt!
I would go for your partners ex`s unreasonable behaviour. I dont know much about divorce law,but i do know that all finances(im thinking about the house here,or any joint debts your partner and his ex may have, and also if she wants a share of his works pension,that kind of thing), have to be sorted out legally,before the judge will grant the absolute.
I hope things work out with the divorce,im sure it will, and good luck with the new baby,
Mel xxXxx