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After reciving letter from District judge

  • wolfy1964
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07 Aug 10 #218141 by wolfy1964
Topic started by wolfy1964
Ok , My wife filed the Petition back in may and sworn in over the afidavid and 2 weeks ago we got (me being the respondant) "The district judge is not satisfied with the evidence that the petioner is entitled to the decree sought because....A simple bald allegation of adultry and affirmation in the Acknowledgement of Service is insuffcient evidence".

In short, I flew out of the country in february to see another woman...and have tried to see each other on a regular basis...4 times now Feb, mar-apr, june and now july.....I called the court and said they needed more evidence and I was thinking that passport stamps to the place where I went, covers of the e-tickets or some boarding card stubs......anything else I can offer as evidence....would naming the other woman help? the divorce is an amicable one with no children involved and agreed 50/50 split of savings and assetes

  • LittleMrMike
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07 Aug 10 #218147 by LittleMrMike
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Surprises me too. In a criminal trial, if the accused pleads guilty, the prosecution is spared having to prove its case.

Couldyou write back and ask whether a swon affidavit admitting the adultery would be sufficient ?

LMM

  • Ursa Major
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08 Aug 10 #218189 by Ursa Major
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I have copied this from the wiki divorce guide

2) What grounds to Petition under (i.e. what reasons to give for the marriage break-up).

The only ground for divorce is that the marriage has irretrievably broken down. There are five ways, known as the five facts, of demonstrating that the marriage has irretrievably broken down. One of the following has to be proved:-

1. Adultery

Adultery is voluntary sexual intercourse between a married person and someone of the opposite sex other than the spouse. It must be shown that adultery has been committed and that you, the Petitioner, finds it intolerable to live with your spouse for whatever reason. The adultery ground cannot be used if you continue to live with your spouse, as wife and husband, for more than six months after the last occasion on which you learned that adultery had occurred. There is no need to name the person with whom the respondent has committed adultery, although you may want to do so if you wish to claim costs against them. However, you should state dates and places where the adultery took place, if details are known.


It occurs to me to wonder if your wife merely stated you had commited adultery without saying that she found this intolerable and this is why the marriage has broken down. That would seem to fit with the judge's response.

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