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I am divorcing my husband on the basis of his unreasonable behaviour but want to put a hold on the proceedings. How long can I wait before swearing the Affidavit etc?
I have filed a divorce Petition in February 2008 (on the grounds of unreasonable behaviour being adultery and previous domestic violence) and my husband has acknowledged and signed it and sent it back to the Court. He is going through a professional bad patch and at the moment I do not want to proceed further. We are still living in the same house with our two children. Is there a validity period by which time if I do not swear the Affidavit etc, then my Petition will lapse? If I want to proceed after one year, can I still do that?
If you live together as husband and wife for more than six months (a continuous period or several different periods) you cannot rely on the particulars in the Petition and would have to file a supplementary petition, or possibly withdraw the current one and start new proceedings. The rationale behind this is that you would appear to be condoning his behaviour if you choose to continue to live with him for a period of time after you have delared in the Petition that you find his behaviour intolerable.
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