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Unreasonable Behaviour Reasons

  • babycoops57
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09 Jul 09 #129807 by babycoops57
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Hi there
I am new to this site and have found lots of helpful info out already am starting to fill my forms in for divorce on grounds of unreasonable behaviour - the main reason our marriage broke down was my husbands use of drugs at weekends - it had been going on through out our 6 years together but it got worse towards the last 4 months of our marriage with him doing it in our home etc - would it be fair to put this down as a reason or is that asking for more trouble than its worth?
If it is possible could someone give me some advice on how to word it?

Also this might be a silly question but seperated before we had been married a year so it is only now i can start the proceedings - do the courts/judge take a different view on marriages that break up before their first year? would the reasons have to be more than say for a couple who had been together longer?

thanks

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09 Jul 09 #129883 by dukey
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Hello Baby

When court recive a petition it is read by a disrict judge all the judge needs to know is that the marriage has broken down and cannot be saved, the length of marriage is not important if the marriage has irrevicably brokem down it doesn`t matter whether it lasted one year or twenty.

What the judge will consider is has the behaviour of your spouse become so unreasonable that you should no longer have to live together, one important point is that behaviour tolerated for more than six months would not be considered relavant, the thinking is that if you could tolerate it for that long it cannot have caused the end of the marriage.

Section 13 particulars don`t need to be earth shattering keep it short and to the point, if drug use has become a problem "recently" then say that and think about how the drug use has caused other problems has it affected communication?, try and think of five or six issues and if you can use dates for examples of unreasonable behaviour.

Dukey

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09 Jul 09 #129886 by babycoops57
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ooh thanks Dukey

this is what i have come up with so far

The respondent continually pursues and active social life with his own friends which does not include the petitioner, which has lead to the petitioner feeling isolated and neglected.

The respondent shows no affection towards the petitioner and has no sexual interest in the petitioner since March 2009 and has indicated that he has no wish to spend any time with her which has caused the petitioner to feel low self esteem.

The respondent has conducted inappropriate relationships with several other women since March 2009 who the Petitioner does not wish to name in this Petition. The Respondent and one woman have spent considerable time together in the Respondents new home.

The respondent chose to participate in sporting activities every day of the week which meant the Petitioner was left to do all the household tasks and take full responsibility of the home which left the petitioner feeling lonely and taken for granted.

On numerous occasions the respondent over spent what should have been joint money and made no effort to save to pay of jointly accrued debts which left the Petitioner feeling used.

do you think they alone would be enough to get the divorce through? i dont necessarily want to bring the drugs into as i did know what he was like when i married him so i can totally see where that perspective comes from.

thanks

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09 Jul 09 #129891 by dukey
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I think you are wise not to include the long term drug use and the particulars look fine so with any luck the judge will accept them as they are and allow the process to continue, one of the common problems is when the respondant recives the petition the s13 part is so contentious or offensive they attempt to defend them yours are factual and inoffensive so well done and good luck :)

Dukey

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09 Jul 09 #129894 by babycoops57
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thanks - im hoping to show them to the ex before i take the forms to the court on monday so he knows what to expect - everything has been quite amicable so far and we both want to get it done so fingers crossed he will sign it and send it back!

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09 Jul 09 #129906 by dukey
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I did the same and she was quite happy with them but like you i didn`t want ex to have any nasty suprises,

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09 Jul 09 #129938 by babycoops57
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one last question - do i need to put anywhere that we no longer live together and i moved out of the martial home in march? would that go in section 13?

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