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Relationships

could anyone advise me about divorce stalemate?

3 replies

Scrambledeggsontoast · 21/10/2014 08:05

I am hoping someone may be able to help/advise me as to how to move forward..
I have also posted this in the 'divorce/separation ' area, hope that's ok....I am new here..
My ex petitioned me for divorce last year, based on our 2years separation. The court returned the papers, stamped, but ex has now decided he does not want to proceed with a divorce and we have therefore not moved to Nisi stage. All childcare arrangements are sorted, as are finances--we have sold the family home and have a consent order signed and ready to submit post Nisi.
I am really stuck as I have spent a lot on legal fees, to date, and am not sure what to do, I feel that it is a control thing that a divorce is now 'not wanted' as we agreed I wouldn't be the petitioner when we made the decision to divorce. I feel very much at his mercy now and am emotionally worn out as well as skint- I also cannot access the proceeds from the house sale until this is all sorted so cannot really move on in terms of finding somewhere to live (in temporary rented accommodation at the moment)...it's been going on for a year now
I am not sure what to do now-would I now have to be the petitioner and start all over again, petitioning him for divorce? Or, am I able to contact the judge/court where the petition was first lodged and ask them to have a hearing or intervene?
Sorry for long post and thank you very, very ,much for any thoughts, advice or experience you can share...I'm running out of money and energy with it all.

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Dowser · 21/10/2014 08:12

I think you should be advised by your solicitor. I would write a letter if you are worried about costs explaining just as you have here.
I'm so sorry. It's an awful situation to be in. I hope you can move it forward soon.

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Scrambledeggsontoast · 21/10/2014 08:40

Thank you for your kind words
I was thinking of having the free 1/2 hour with a different solicitor to hear their advice-mine has been really good to this point but he is also costing me a fortune! I hadn't thought of writing to him though, I may do that and recap the situation and ask some more precise questions
What initially seemed to be an easy and mutually agreed process has sadly seemed to develop into another way for my ex to be in charge.

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getthefeckouttahere · 21/10/2014 11:37

Get on to your legal eagle, i wouldn't seek advice from a different lawyer i think thats just going to complicate things. Take a deep breath and accept that its gonna cost you. Explain to solicitor that you are skint and enquire if you can settle when house sells etc on completion and stress that you need this done in the most cost effective manner.

On a positive note, it sounds as if most of the leg work has been done and it may just be a case of submitting some sort of variation on the application? Rest assured that your sol will have seen this exact situation a load of times and will know the easiest and cheapest way out.

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