Hi everyone,
This is the situation. My wife and I have been effectively separated, but we've living under one roof since the middle of June, 2009 (I know, inexplicable), after telling me that the only reason she was with me was for the kids. In my affidavit, I listed the indicators:
* We have slept in separate bedrooms since that time.
* We have not engaged in any sexual relations.
* Both my wife and I have a separate social network that never meet. We do not attend social gatherings together or participate in family activities together.
* I have done all my own grocery shopping and cooked every night for our children and others staying in the house. I have done all the laundry for myself and my children during this time.
* My wife would spend her evening on the ground floor of the house and I on the upper floor.
* She had been seeing other men during that time.
* Our close friends and family have been aware of this situation for many years.
* We did, however, continue to share a joint bank account, from which household expenses were paid.
It may sound like a typical married relationship to many of you.
I provided an affidavit by a mutual long-term friend which supports my claims. My wife had previously stated that he is one of the few people she has ever trusted in her life.
On the 26th of March, 2015, she again told me she wanted a divorce. Previously, I had told her to go ahead, but she never took any action. I would have been delighted, but knew she would not make it easy. This time, I got the papers and presented them to her within the week. She said she would sign a joint application. As she found every excuse under the sun to sign it, I eventually filed an individual application for divorce. The hearing is in two days.
Last night, I heard her rustling at my door (could be the start of a horror movie). This morning I find a sealed envelope with a response the claims in my divorce application. In it she claims the date of separation was 1 March 2014.
My Questions:
1) I understand that for the purposes of a divorce, where the couple have been separated but living under one roof, it only needs to be established that the two parties have been separated for more than 12 months. In that case, it is irrelevant that we both claim different dates as to when we separated. As we both claim to have been separated for more than 12 months, there should be no problem with the divorce being granted. Is this the case?
2) Did she follow the correct procedure in serving her response to me? The document was left at my door. I had to go to the trouble of paying someone to serve the divorce papers on her, because she refused to co-operate and accept them through any other means.
3) Is there a time limit on responding to the claims in a divorce application? My hearing is in two days time. I received her response this morning. The document was signed by her lawyer on the 16th of this month, 5 days ago.
She wrote 'For _____ ______ posted 20/09/2016' on one of the documents. It was not posted.
4) If the papers were served incorrectly, are there any implications?
Thanks
This is the situation. My wife and I have been effectively separated, but we've living under one roof since the middle of June, 2009 (I know, inexplicable), after telling me that the only reason she was with me was for the kids. In my affidavit, I listed the indicators:
* We have slept in separate bedrooms since that time.
* We have not engaged in any sexual relations.
* Both my wife and I have a separate social network that never meet. We do not attend social gatherings together or participate in family activities together.
* I have done all my own grocery shopping and cooked every night for our children and others staying in the house. I have done all the laundry for myself and my children during this time.
* My wife would spend her evening on the ground floor of the house and I on the upper floor.
* She had been seeing other men during that time.
* Our close friends and family have been aware of this situation for many years.
* We did, however, continue to share a joint bank account, from which household expenses were paid.
It may sound like a typical married relationship to many of you.
I provided an affidavit by a mutual long-term friend which supports my claims. My wife had previously stated that he is one of the few people she has ever trusted in her life.
On the 26th of March, 2015, she again told me she wanted a divorce. Previously, I had told her to go ahead, but she never took any action. I would have been delighted, but knew she would not make it easy. This time, I got the papers and presented them to her within the week. She said she would sign a joint application. As she found every excuse under the sun to sign it, I eventually filed an individual application for divorce. The hearing is in two days.
Last night, I heard her rustling at my door (could be the start of a horror movie). This morning I find a sealed envelope with a response the claims in my divorce application. In it she claims the date of separation was 1 March 2014.
My Questions:
1) I understand that for the purposes of a divorce, where the couple have been separated but living under one roof, it only needs to be established that the two parties have been separated for more than 12 months. In that case, it is irrelevant that we both claim different dates as to when we separated. As we both claim to have been separated for more than 12 months, there should be no problem with the divorce being granted. Is this the case?
2) Did she follow the correct procedure in serving her response to me? The document was left at my door. I had to go to the trouble of paying someone to serve the divorce papers on her, because she refused to co-operate and accept them through any other means.
3) Is there a time limit on responding to the claims in a divorce application? My hearing is in two days time. I received her response this morning. The document was signed by her lawyer on the 16th of this month, 5 days ago.
She wrote 'For _____ ______ posted 20/09/2016' on one of the documents. It was not posted.
4) If the papers were served incorrectly, are there any implications?
Thanks
