Ground of Divorce- Contested

P

Purplephoenix

New Member
Hi all

I am filing for Adultery as ground of Divorce and have furnished a PI report and named the 3rd party as Co-Defendent.
Received H defence and he deny adultery and want to file under 4 years separation as we sleep in separate room. Co-Defendent deny adultery and request me to pay for her legal fee.

It is the adultery that makes me file divorce, I didn't file in the past though we sleep separate room and we still go family trips and I enjoyed it as my children enjoy and I want to keep this way. After knowing he commit adultery again (I forgive before) and think there should be an end as I should not pin any hope on saving the marriage anymore.

Am very emotionally drained as our case will go for trial.

Although I understand that the ground of divorce doesn't affect the children care/control and division of asset, how can I ensure that it is indeed adultery which makes me file it? Can he use separation as the ground?

Thank you.
 


During the mediation, I agree on Unreasonable behaviour ground and good access to children. He disagree on one of the item and say he is ok to admit adultery (in court mediation) but want to bring to trial. However, in defence paper, he deny.

Before I serve the paper, I mentioned that I hope to settle this amicably so that we can still bring children out as friends. He ignored me and say he want children and will fight.
 
Purplephoenix said:
Hi all

I am filing for Adultery as ground of Divorce and have furnished a PI report and named the 3rd party as Co-Defendent.
Received H defence and he deny adultery and want to file under 4 years separation as we sleep in separate room. Co-Defendent deny adultery and request me to pay for her legal fee.

It is the adultery that makes me file divorce, I didn't file in the past though we sleep separate room and we still go family trips and I enjoyed it as my children enjoy and I want to keep this way. After knowing he commit adultery again (I forgive before) and think there should be an end as I should not pin any hope on saving the marriage anymore.

Am very emotionally drained as our case will go for trial.

Although I understand that the ground of divorce doesn't affect the children care/control and division of asset, how can I ensure that it is indeed adultery which makes me file it? Can he use separation as the ground?

Thank you.
Click to expand...
if the PI evidence is strong then proceed to file based on adultery.

for adultery, he need to paid for your legal cost n pi fees.

ask your lawyer what is your chance if file based for adultey n is your pi able to be your witness.

there are people who no matter how u give in will never be satisfied. once he changed of heart he will be cruel to you n your child. u give in too much he will ne even more demanding.

if he wan to purposely to go for trial then no need to still think for him, more important is you n your child.
 
The PI told me the report is strong and have indicated adultery. H say it is not adultery as our marriage is over with 4 years separation and want to bring to trial on this and do not plan to pay the PI fee and legal cost. The legal cost will start to go up as it is going for trial, not sure if I can ask him to pay as well.

He has a few women and these women doesn't know
 
Purplephoenix said:
During the mediation, I agree on Unreasonable behaviour ground and good access to children. He disagree on one of the item and say he is ok to admit adultery (in court mediation) but want to bring to trial. However, in defence paper, he deny.

Before I serve the paper, I mentioned that I hope to settle this amicably so that we can still bring children out as friends. He ignored me and say he want children and will fight.
Click to expand...

mediation is considered without prejudice meaning whatever is said in those sessions cannot be used in court. It is to protect both parties to try and come to a resolution and prevent the other side from using it against them in court.

As to your case, since your husband wants a trial, you will have no choice but to give him one. The court may order both parties to mediation during the case conference before it formally gets to trial.
 
I don't mind the mediation and in fact want an amicable settlement. Yes, I noted that the court mediation previously is without prejudice so we have to like forget whatever was said in it. In mediation, he also shared that I do not have the money to give children overseas education and he should get the children which I cannot agree because he don't come home much for them and I have been looking after them, yes, without much money. For adultery, the 3rd party asked me to prove further.
 
Purplephoenix said:
I don't mind the mediation and in fact want an amicable settlement. Yes, I noted that the court mediation previously is without prejudice so we have to like forget whatever was said in it. In mediation, he also shared that I do not have the money to give children overseas education and he should get the children which I cannot agree because he don't come home much for them and I have been looking after them, yes, without much money. For adultery, the 3rd party asked me to prove further.
Click to expand...

If the PI say evidence is strong then go for the trial.
You don’t have to prove anything, it’s the PI have to be your witness.

How do your husband claimed it’s separation? He still stay in your house and how he claimed it’s already 4 years.

It’s good he say u don’t have the money while he have.
You get the care and control and he will have to pay maintenance for the children while u take care of them
 
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