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Any family law solicitors around ......

(6 Posts)
yellowishpurple Thu 11-Aug-11 15:14:11

I have a problem that I'm hoping someone can help me with.

I filed for divorce 4 years ago and for various reasons my ex refused to sign the papers and I didn't pursue it. I left the petition open in the court but didn't do anything for four years.

I now want to file again (under different grounds) and was told that I would have to fill in an application that would go before a judge to cancel the petition. All fine so far. I did that and then heard nothing back.

I have just called the court and they told me (after some prodding) that they couldn't find my file!!!! I asked the guy i spoke to if i could just start a new petition without cancelling this one and he wasn't sure but said maybe i could but if the new court wanted to see the current file they would just keep looking for it (forever it would seem, all the while i stay married - great(!))

So i was wondering if anyone knows whether I can just start a new petition and get divorced or whether i really have to cancel the old one first.


Collaborate Thu 11-Aug-11 18:26:56

You have to cancel it. Give them copies of your paperwork for the old stuff and they can reconstitute the file.

babybarrister Thu 11-Aug-11 19:37:54

Message withdrawn at poster's request.

yellowishpurple Thu 11-Aug-11 21:02:50

oh no really? I've lost all the paperwork!!

what a pain in the neck. maybe i should go to my old solicitor, they'd have kept the file right? unless they're as rubbish as the court and have lost it too.

was really hoping to do this without having to pay any more legal fees.

Thanks both of you for your help

Collaborate Thu 11-Aug-11 23:01:02

They should hold your file for at least 6 years.

yellowishpurple Fri 12-Aug-11 07:19:15

ok, that'll be my next stop stop then.


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