if he refuses to pay?

To give you a bit of background: my husband is having an affair. I actually walked in on them in the act (less than 2 months ago).

He has agreed to a divorce, and says that he will admit to the adultery, but he WILL NOT agree to pay the court fees. He says he has given me enough money (money he owed me for other specific debts, just over 1000).

Now, since I have left the MH, I have become unemployed and living in a hotel because I have to move back to America and start all over. I'm on a temporary spouse visa, and I'm not allowed to stay in the country. With all this going on, I cannot afford to pay the fees.

My questions are, if he refuses to pay any of the court fees requested in the Petition, what will happen? Will we have to appear in court? Or will the judge just decide? I'll be in America - can I still DIY from there?

Thanks for all your help in advance.

I think you should book an appointment with a solicitor for a free half hour consultation to find out where you stand and you could even contact the CAB and make an appointment to see them as they are very helpful.

Good luck x

Ok, I have to leave the country this week, and I want to file before I go. Maybe I can rephrase the question. I'm not requesting any AR, only the court fees to be paid by the respondent in the divorce on grounds of adultery.

If he responds that he won't defend the divorce but he also won't pay the fee, what happens? Will I have to prove why he should pay the fee (unemployed, no money, no home, etc)? Will this involve more forms? More money?

Just want to know what the steps are. Thanks.

myfairnicki if you Petition on adultery and he agrees he will have to pay the court fees. Adultery is the one reason that affects the decision regarding awarding costs(court fees).

If a Respondent admits adultery but defends the claim for costs, the court will make an order for costs - particularly when it is only court fees that your seek.

Charles