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I received a divorce petition notice. The ground divorce is

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I received a divorce petition...
I received a divorce petition notice. The ground for the divorce is wrong; as my husband stated we have been seperated for 4 years and I left the home without any reason. I left his home four years ago after a domestic violence incident.
Also, since we have been seperated he has seeing a lady who now have a son for him and they did a traditional african wedding in a hired hall earlier this year, even though we are still legally married and have not divorced.
Me and my husband have a 6 year old daughter. I do not want him in her life anymeore due to his behaviour, things he has said to her, etc.
He is only paying 50 pounds for her upkeep every month. Husband works a store manager in Retail. As far as i am aware he does not have a right to work to leave in this country.
I want a divorce and move on with my life. I do not like the fact that he lied about the reason for our seperation
Submitted: 2 years ago.Category: UK Family Law
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10/5/2015
Solicitor: Clare, Family Solicitor replied 2 years ago
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34,714
Experience: 25 years experience of all aspects of family law
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Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which boxes has he ticked at Part 5?

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Customer reply replied 2 years ago
Box 1a and 2C.
Marriage ahs broken down irretrievablyrespondent has deserted the petitioner for continous period of at least 2 years immediately proceding the presentation of this petition.under the part 6: supporting statement; respondent left the family home without a reason on11/03/11 and has not returned.
Solicitor: Clare, Family Solicitor replied 2 years ago

OK - and has he claimed costs - part 2 of part 10?

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Customer reply replied 2 years ago
no
Solicitor: Clare, Family Solicitor replied 2 years ago

Right.

How strongly do you feel about this - are you willing to let it go so that you are divorced?

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Customer reply replied 2 years ago
I want a divorce and the reason for the seperation should be domestic violence or we are just seperated and not that i just moved out. Like i said i moved due to domestic violence after midnight when the incident happended. he is now married illegally in the country.
saying that i moved out of the home without a reason sounds like i am irresponsible. and if this is not addressed he might fight for custody in future.
Solicitor: Clare, Family Solicitor replied 2 years ago

The issues raised in the divorce will not effect the issue of who the child will live with or what time the child spends with him.

You have three choices.

You can allow the divorce to continue on the current ground (if the court will allow it which is not certain as in fact you did not desert him at all)

OR you can defend the matter on the basis that he has lied on the Petition - and then cross petition based on his Unreasonable Behaviour.

There will be court fees to pay.

The third option is to tell your ex that you will not agree to the Petition going through in the current basis - but you will agree to it if

he changes the ground to the two year separation ground.

I hope that this is of assistance - please ask if you need further details

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Customer reply replied 2 years ago
if i want to fight for financial arrangement for his daughter maintenance. how do i go about it
Customer reply replied 2 years ago
also, he has been abusive to me and said things to his 6 year old daughter which have been inappropriate. i dont want him near my daughter. i am a health visitor and know that some of the things he has said are not proper. he does not care for his child and after what he wants alone. he wants his daugher british passport just for him to fight for his papers
Customer reply replied 2 years ago
will be right back
Solicitor: Clare, Family Solicitor replied 2 years ago

What has he actually said?

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Customer reply replied 2 years ago
We have been on this issue for a long time. He said he cannot afford more than 50 pounds a month for his daughter upkeep
Customer reply replied 2 years ago
Also, if i can defend the matter on the basis that he has lied on the Petition - and then cross petition based on his Unreasonable Behaviour.Will i be able to claim the court fees to pay; for him to pay.
Customer reply replied 2 years ago
We have been on this issue for a long time. He said he cannot afford more than 50 pounds a month for his daughter upkeepAlso, if i can defend the matter on the basis that he has lied on the Petition - and then cross petition based on his Unreasonable Behaviour.Will i be able to claim the court fees to pay; for him to pay.
Solicitor: Clare, Family Solicitor replied 2 years ago

He has to pay 12% of his gross income as child maintenance.

If he refuses to do so then you can apply to the CSA/CMS and they will deal with the matter

You will be able to claim costs if you defend and cross petition - but they will not have to be paid until the end of the process

Clare

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Customer reply replied 2 years ago
Thanks
Solicitor: Clare, Family Solicitor replied 2 years ago
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