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I am trying to divorce my husband

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I am trying to divorce...

I am trying to divorce my husband who has moved back to Canterbury. He is a US citizen on an Indefinate Leave to Remain. I initiated a dissolution here in Florida, but he avoided service, so I voluntarily withdrew the action. I want to pursue it in Canterbury, where he lives and works. Could you kindly guide me in the right direction? Thank you in advance for your assistance. Susan XXXXX

Submitted: 6 years ago.Category: UK Law
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Answered in 6 minutes by:
8/15/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi Susan
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Do you intend to remain in the US or will you return to the UK, if necessary, to attend Court
2. How long have you been separated
3. Has he committed adultery
Kind regards.
Tom
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Customer reply replied 6 years ago
I can return to the UK to attend Court. He left the US in June. I was advised he was leaving me on May 18th, then he returned and said he would never do this again to myself and daughters and Sunday he left again. He has been calling sex lines on his cell, porn on his computer, history of prostitutes in Canterbury, one of which has been helpful to me.

I want to be sure I can file this action in Kent based on his residency. He came over to the US in August 2010 and left in June. He works in the maintenance department at Kings and I just heard he has an attorney there that will accept service for him, but I was told the same thing here, which was not true. He is using FarleyPage. When we were married on May 13, 2010, I ended up giving up my survivor benefits here which were $1700/mo. I borrowed 20,000 USD as money was tight when we were waiting to sell his house in Minster, he brought over most of the proceeds and we were purchasing a house and moving into when he left . He took out $160,000 on May 18th. He was previously divorced from Emma Nippe there and received over 700,000 in settlement from her.
Solicitor: Thomas, Lawyer replied 6 years ago
Hi,

So, when did he return to the UK? Around May 2011?

Tom
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Customer reply replied 6 years ago
Dear XXXXX,
Thanks for any help. He returned June 12th or so. He is working again in Canterbury.
Solicitor: Thomas, Lawyer replied 6 years ago
Hi,

Thanks for your reply.

In order for a petition to be granted in the UK one of the spouses must either be habitually resident in the UK for a period of one year before the date of the petition OR be domiciled in the UK when the proceedings are commenced. If it is accepted by your husband that he is in the UK working since he returned then the petition should be issued because this is a fairly wide piece of criteria.

If he has committed adultery then you can petition on this basis. There is no require for the person with whom adultery has occurred to be named in the petition.

In order to be granted a divorce on the basis of separation you must have been separated for 2 years and both parties must consent to the divorce OR be simply separated for a period of 5 years.

The alternative is to petition on the basis of his unreasonable behaviour. You would have to list 5-6 examples of his unreasonable behaviour towards you. The should mostly be related to his most recent behaviour and it can be things like not speaking to you, providing you with emotional support, verbal (eg. Nagging, insults etc) or physical abuse, unwillingness to engage in typical things that married people do (socialising, eating together, planning practical matters together), not contributing towards the expenses of accommodating yourself and the children, not engaging in physical affection, not helping you with children.

Typically, it is best to list each examples in the following order
1) First occurrence
2) Worst Occrrence
3) Most Recent.

It would be best to instruct a solicitor in Canterbury as they are closest to him, will know the county court judges in the area and should more easily be able to arrange service. You can find solicitors in the area using:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

You will need to provide evidence of your identity via a notary/attorney in the US but you will be able to instruct the solicitor from the US.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas
Thomas, Lawyer
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Customer reply replied 6 years ago
Are you saying that I cannot retain an attorney from the US. Do I have to fly over there to do this. Also, would unreasonable behavior be pornography, sex calls, disappearing for days on end, taking $160,000 out of a joint account and opening another account in North Carolina, transfer to Barclays in Canterbury, lying and, I believe cheating. I can possibly confirm that.
Solicitor: Thomas, Lawyer replied 6 years ago
Hi,

The attorney in the US would not, I presume, be familiar with the procedural requirements and formalities of the UK divorce system and would therefore not be appropriate to instruct to arrange a divorce issued in a UK county court. They would also most likely not hold a certificate to practice as a solicitor here either.

The example you list are certainly examples of unreasonable behaviour which would be accepted by a Uk county Court.

Trust this clarifies, please click accept.

Kind regards,

Tom
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Solicitor: Thomas, Lawyer replied 6 years ago
I should also say that you will not need to come to the UK to instruct a UK solicitor - you can do it from the US.

If the divorce proceeds smoothly then there is a possibility you would not need to come here during the divorce process at all. If things get complicated however your solicitor would advise that it is in your best interest to come here for the court hearings (if any).

Please click accept.

Kind regards,

Tom
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Customer reply replied 6 years ago
Do you have a recommendation. He has used Girlings and now has FarleyPage. Who would be a reasonable fee attorney. Also, is it customary to have the marital assets split in a certain way?
Solicitor: Thomas, Lawyer replied 6 years ago
Hi,

I'm afraid that I do not know any family solicitors in that particular area. You can contact www.resolution.org.uk and ask for solicitors in the area who are on the family panels - they will all be more than competant.

As to financial settlement this varies depending on your particular circumstances (children, earning ability,length of marriage etc) and it is something you should really seek specific advice on.

If you were only married last year and were not in a long term relatiosnhip before that then it is usual that each person's assets which were acquired before marriage remain in that person's ownership and settlement is only sought on those assets accrued during the marraige.

Kind regards,

Tom
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Customer reply replied 6 years ago
The monies were in a joint account when he took out the 160,000. I would like to get back what I put in and lost the 170/mo He had no credit in the US, so I put him on credit cards. What about the debt?
Solicitor: Thomas, Lawyer replied 6 years ago
Hi,

Yes, you would be able to claim your interest in the money he has withdrawn.

The debts will remain your respobsilbity to pay in the US obviously but you will also be allowed to have the debt taken in to account in determining matrimonial settlement.


Tom
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