Divorce issue

Tracy0565

I have been seperated 5 years and have petitioned for divorce. I have found out that my husband is going to contest saying it's just under 5 years just to cause me problems because he is still bitter. Anyone know where I stand on this issue. I have no way of proving I am right and he is the wrong.

[Deleted User]

No documents, letters, texts etc proving that you (for example) changed bill payees, council tax, communications between you and your ex discussing what was going to happen?

ERICS_MUM

Rent book, letting agency forms ? Address on bank account ?

How much short of 5 years does your ex claim and what is he offering as 'evidence' ?

Could you wait until you reach your ex's version of five years and not give him the satisfaction of knowing he's pee'd you off ?

meer53

Wait until it's 6 years ? Whats the rush ? Getting into petty arguments will just cost more, don't give him the satisfaction of him having the chance to contest it.

TBagpuss

Have you already issued your petition?
Has it been served on him?

If you have not already issued the petition, then you could change it and issue it based on 'unreasonable behaviour' instead.
If you have issued it but it has not yet been served then you can withdraw it and can re-issue later (you will have to pay a further court fee)

Mojisola

Have you made a new will since you separated?

If you don't have a will, your husband will inherit from you, regardless of how long you've been apart.

Tracy0565

I have already issued the petition and paid. He's only claiming it's 5 month short. I moved to my parents so no bills or anything. Will have to check when I changed bank etc but was not in a good mental state at the time so won't have been immediately.

Tracy0565

He hasn't stated that he has any evidence.
I am in a relationship so just wanted this over with.

TBagpuss

In that case, I woul push on and see what he actually does.

Peole make all sots of threats that they don't follow through. *if* he returns an acknowledgment of service and *if* he claims in that that you did not separate until later then you can still, when you apply for the decree nisi, confirm that date of the separation as stated in the petition is correct and, if necessary, state that you spend x months living at your parnets and then moved to a new address.