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Topic:
can I oppose a divorce petition with another one to reject reason of divorce (3 Posts)
Started By:
Date:
28 June, 2017 11:30AM
can I oppose a divorce petition with another one to reject reason of divorce
Veronik - 28 June, 2017 11:30AM
Hi
I am married for 9 years and been in an abusive relationship (had non-molestation order just expired) my husband also committed adultery recently although our marriage is non fucntional anymore.
But now he is preparing documents to file for divorce under unreasonable behaviour on me. and he already asked me if I was going to sign. I emphatically said no.
Even though I want the divorce, I cannot accept the fault on me. He thinks this will give me less rights here and eventually abroad on his properties that are protected under sisters and mothers name.
As I think I have the documents required. I then thought I should go on doing the divorce first under unreasonable behaviour.
There is no way we can agree on anything as he rejects talking. he only asked me to look work and to leave his mortgaged flat with our little daughter.
Should I try to initiate procedings first, or Can I still present a divorce papers to the court to go against his petitios under the unreasonable behaviour?
Thank you so much, your kind advice is very appreciated.
Re: can I oppose a divorce petition with another one to reject reason of divorce
davidterry - 28 June, 2017 01:37PM
If you want a divorce you can have one. However, if you choose not to file a divorce petition your husband is not obliged to wait for you. The marriage is obviously over and that applies from his perspective as much as yours. You do not have more 'rights' if you petition for divorce rather than your husband. How finances are settled is a separate issue from the reason for the breakdown of the marriage and who divorces whom for what. If you do not issue a divorce petition and your husband does then it would almost certainly be a waste of time and money to 'defend' that divorce just so that you insist the divorce takes place on your grounds rather than his.
Re: can I oppose a divorce petition with another one to reject reason of divorce
Veronik - 28 June, 2017 11:15PM
I understand. I think I shall file for divorce first. Thank you very much for your kind response.
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