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How do i get him out

  • Josh2008
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20 Jan 08 #11257 by Josh2008
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I am surprised that your sol said 60% because you can prove the 'affair', it is actually quite difficult to prove, and if s2bx didn't amit it, you can only petition on unreasonable behavior

Even if s2bx admits 'adultery' the law will not take that into account when settling financial matters.

  • megan
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20 Jan 08 #11259 by megan
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I agree with josh2008 my sol says there is no blame in divorce even though my husband is more than happy to admit aultery Is in fact quite proud of it.I was told it's 50/50 unless there are other issues or assets

  • attilladahun
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21 Jan 08 #11290 by attilladahun
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It is obvious that delay is your enemy here.

Things can drag on -it sounds like H HAS NOT COMPLIED WITH THE PRE ACTION FINANCIAL PROTOCOL AND DISCLOSED HIS FULL FINANCIAL POSITION

so..........tell solicitor not to mess about and File Form A asap

The Court will timetable matters...
1st Appointment in say 14-16 weeks
form E to be filed 35 days before

FDR say 6 weeks later -most cases settle at FDR so if you want H out get weaving as Form A to FDR is say 4-6 months

In a simple case 1st Appointment may be used as an FDR

May in this case be a simple solution if you get FMH and H keeps his capital

Your solr will advise...most important thing is to press on.

  • gorgeous
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12 Apr 08 #19353 by gorgeous
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everyone sol in the land will tell u im wrong butit worked for me. Like u id had enough one day i packed all his clothes calmly into suitcases and left them on his relatives doorstep. I txt him wat id done. Went home put keys in locks so he cudnt get in he did it wasnt pleasant and it involved the police. However it was the only way he would take things seriously.
I had the locks changed through a charity the police told me about cos his verbal abuse made me feel unsafe.
It wasnt easy but wat in life worth havin is.
Take care x

  • gaza
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12 Apr 08 #19356 by gaza
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move me in [joking] he can stay as long as hes still married
to you , but if he becomes violent check out ouster orders
and use the police .

gary

  • gorgeous
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23 Apr 08 #20456 by gorgeous
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Pack his stuff take it to a relatives keys in the lock so he cant get in dont answer mob or house phone.If u really want him out. Go 4 it !
Gud luck x

  • Gingerkitty
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24 Apr 08 #20467 by Gingerkitty
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Oh dear, I'm with you on this one am in a similar situation as you and I know how awful it is. X2B has secret phone calls, texts all in front of me, it used to hurt but now I just look at him and think how childish he is being.
My sol advised me to stay put and told me that his sol had probably done exactly the same. It is very difficult trying to live separate lives in the same house. I am still waiting 10 weeks down the line for him to serve his Petition on me for unreasonable behaviour, even though he has and is committing adultery. Originally he was to petition me cos he was legally aided, now suddenly he has changed solicitors and is paying as a private client, he is so devious and manipulative but being very clever not to lay a finger on me as he has probably been advised to keep his cool by his solicitor.
As to changing the locks and throwing him out, I personally could not do this as being sensible (silly I know), he still does have a right to be there and it would only cause him to have further ammunition at some stage down the line. He would only have right to break in if a Police Officer were to be present and would have to break in without causing too much damage, but then who pays for this? You would have original expense of changing locks and then expense of putting right the damage and him gloating that he got back in.
All my sol has advised me to do is to try and make his life as uncomfortable as possible but not to put myself in any sort of "danger" by doing this.
I guess I have not been much help in any suggestions of how to move your X2B out, I would welcome someone to give me advice too, but I think that is not going to be forthcoming.
Hang on in there and always here if you need a shoulder.
GKx

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