Absolute after 4 years?

[karenovan]

Just after a bit of advice if possible. My ex filed for divorce 4 years ago - got as far as the nisi but for whatever reason didn't follow up with the absolute. I paid him my share of legal bills including cost of absolute.

What is the situation now? Can we just continue with absolute, or would we need to start the process again? Can I go ahead and start a new divorce petition?

Thanks in advance

[KittiKat]

From Wikidivorce:

If there is no application for decree absolute within 12 months from the date of decree nisi, either party can still apply for decree absolute but the judge will require a letter or affidavit which should:

• explain the delay.
  
• confirm that they have not lived together for more than 6 months.
  
• state whether or not a child has been born to the wife and if so whether the husband is the father of that child.

[karenovan]

Many thanks.

Hoping it's not going to cost a small fortune, especially as I'd already paid!! Might have to wait till January now.

[KittiKat]

Is there a reason why he did not apply for the Absolute? It would be a lot easier all round if he applied to the Court with the letter of explanation, especially as you have paid already but it is not a problem if you do it.

There should be no cost to yourself if divorce proceedings were started after 1st July 2013 as the Absolute fee was then incorporated into the court divorce fees. Have a Google, lots of info out there for you.

[karenovan]

Thank you. That's really helpful.

I'm not sure really. It was started in haste and we were really fighting each other. Was nasty. We've come through it because of the dc's , and we get on really well now. But as we both have other partners now, it's not ideal really!!

[KittiKat]

Then I think you need to get in touch with him and let him know that he has not done the Absolute and point out what he now needs to do, along with a letter of explanation and then it should be all okay. Good luck!