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My husband sent me divorce papers for UB and I didn't agree with it. So I didn't sign them and now we can apply for 2 year separation which he did agree to do. he has now said he doesn't want to and that I won't be able to apply for a divorce as his case is still open and won't close it. Would this also be the case for a 5 year separation? Do I have to wait for him to close his case to open a new one?
Surely the grounds don't matter if you both want to divorce?
If he has put the petition in, he has to pay the court costs unless you come to an agreement though.
At the time he applied for it without me knowing and that's why I didn't agree to it as it all came as a shock. 2 years ago. But now we can apply for a 2 year separation he said he doesn't want to divorce me but doesn't want to be with me. But as his case is open he said he never closed it. I won't be able to divorce him until he closes his case but he won't. So if I wait the 5 year separation would I be able to file for divorce or does he need to close his one
You can cross petition which causes a mess and costs more as you likely have to have a hearing. Solicitors say it prolongs the divorce process by 6 months but if your divorce is being prolonged anyway it doesn't matter.
However it would be far simpler for you to state you agree to the divorce but not the reasoning behind it. Alternatively you can ask him to modify his allegations of unreasonable behaviour with things you suggest so you are still to "blame" but the allegations are much weaker.
In both cases state you will only let the divorce go through if he doesn't apply for costs.
To be fair it makes no difference as no one sees your divorce petition. Even if you went for 5 years separation you would be cross petitioning so you may as well do one of the last two things and say you won't pay costs.
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