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Decree NISI in my absence for unreasonable behaviour.
#1
Question 
Hey guys I don't now if anyone had any experience and would appreciate any input. 

My ex filed for divorce on unreasonable behaviour and backing it up with the family court final hearing that found on balance of probabilities for domestic violence and rape in marriage. I represented myself and was not allowed to cross examine the ex as she was behind the shield. So I just left he court fuming at judge. [yep not my best moment Sick ]. I did not appeal within 28 days window so lost that opportunity now. Anyways can't see my children till I complete the DVPP course that is in progress.

The issue now is, I offered to the ex solicitor to change the reason for divorce to 2 years separation as it has been 3 years now and lets do a quickie divorce however they not responded.  In the meanwhile the court has been sending letters to my old address about the divorce hearings and my solicitor was not doing their job properly to be in contact with the ex solicitor about the court hearings. Well I missed 2 hearings because the letters were sent to the old address and Decree Nisi was ordered in my absence. I called the court and they confirmed it was their mistake and  asked me to fill a form to set aside the Decree and now I have another hearing next month.

My question is Can I ask the judge for full hearing and cross examine ex for allegations made and disregard the family court decision? 
I have no objection to the Divorce but I really need my solicitor this time to cross examine her and change the reason for divorce to two years separation. 
I can not use the adultery reason for her as it has been over 6 months now that was really the cause of the breakdown. She made up the rest just to keep me away from the children.

How realistic is it?  Confused is there any case law where the divorce court has ignored the family court findings and conduct their own full hearing for fact finding?

Thanks
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#2
As for the divorce is concerned and the grounds, I'm afraid you are just wasting your time and resources ! Divorce should be the least disputed among all other things that you are going thru.
Basics - 1) Everyone gets a divorce and unreasonable behavior as grounds is least controversial 2) You accepting the divorce doesn't mean you are accepting the allegations, you can always provide comments to say ' you won't challenge the divorce but won't accept the allegations' 3) Issuance of decree nisi doesn't mean acceptance of culpability to unreasonable behavior and can't be used as an evidence in other proceedings
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#3
(06-20-2019, 09:03 AM)SeanS Wrote: Basics - 1) Everyone gets a divorce and unreasonable behavior as grounds is least controversial 2) You accepting the divorce doesn't mean you are accepting the allegations, you can always provide comments to say ' you won't challenge the divorce but won't accept the allegations' 3) Issuance of decree nisi doesn't mean acceptance of culpability to unreasonable behavior and can't be used as an evidence in other proceedings

My divorce was pushed through using the unreasonable behaviour option. It sickened me at the time because it was nonsense and she never (and still doesn’t) see any fault in her actions. But now I am glad it was used because the divorce was over quickly, and like SeanS says its not an acceptance of the claim.
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#4
Thanks guy I understand and I will let it go however only bothering me that as I can not my children every bloody agencies cites to the family final hearing outcome.
Don't you think it's time the Divorce court accept their own cross examination exclusively for the divorce petition disregarding the family court outcomes and as Dads get experience/biased going through the process are much stronger at the divorce stage to defend themselves and fight against the biased towards the women.
My only interest is to cross examine the ex by a solicitor this time as I was not allowed to when I represented myself., to prove the allegations and I am sure she won't have a chance.
The positive outcome could influence the contact with the children when the ex is proven liar. I know it gonna cost money if full hearing is accepted but Any thoughts.
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