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directions for trial

(15 Posts)
lovelytoes Thu 07-Feb-13 20:53:47

My stbexh has just signed his sworn affidavit and applied for decree nisi.anyone know how long judge takes to issue sick of waiting now.

Collaborate Thu 07-Feb-13 23:32:37

A couple of weeks.

lovelytoes Thu 07-Feb-13 23:54:09

Thank you collaborate x

lovelytoes Mon 11-Feb-13 14:14:44

Cannot believe this but i rang the courts to check on progress of divorce.i am the respondent and cannot afford a solicitor.i sent back my signed acknowledgement of service on 21st dec the actual day i recieved it.on the 20th of jan my stbexh sent me a txt to say he had been to solicitors to sign papers to do with divorce and he said he had noticed on my acknowledgement of service form i was not using a solicitor..i dont reply to his txts so just ignored him.the court today have said that they have receieved my acknowkedgement of service and that is as far as the divorce is papers have been sent to my stbexh solicitor yet.what on earth is going on here they havnt done anything for 8 weeks or are they wrong and have sent them as i dont think my stbexh is misleading me else how would he have seen my signature on that form and know i didny have a someone i dont know whats happening here and who to believe!!!

mumblechum1 Mon 11-Feb-13 14:54:58

Get your husband to contact his solicitor to find out what date they sent the application for directions to the court.

It sounds as though the papers have been sent to court (if he signed the forms etc on 21st Jan), and that they're sitting in the backlog.

If the solicitors haven't sent the forms to court yet your husband needs to prod them.

lovelytoes Mon 11-Feb-13 17:40:50

Bit difficult to do as i am not entering into conversation with stbexh ( abuse.harrassment and blackmail). The court staff said thet they have not sent him anything to sign can they have my signed acknowledgement for 8 weeks and do nothing with they are saying they have not yet sent him the form to apply for directions but that cannot be correct.

lovelytoes Mon 11-Feb-13 17:48:22

Sorry im not understanding the procedure then am i.i was under the impression that when they recieve my signed acknowledgement they then send a copy to stbexh solicitor and that is when he signs an affidavit and applies for directions..
He must have done this as he has seen that i am not being represented by a solicitor and there would be no other reason for him to attend his solicitors office to sign anything at this stage.

So im confused as to why court staff are saying they havnt sent him those forms to sign yet.:-(:-(

mumblechum1 Mon 11-Feb-13 18:24:26

Your understanding is correct. Sounds like the court staff have messed up. If you don't want to speak to your husband direct there is nothing stopping you from writing to his solicitors.

lovelytoes Mon 11-Feb-13 19:18:19

Thanks mumblechum1

I think i will ring the courts again and see if i can speak with someone different.
I dont want to ask his solicitors as they may inform him and then he will smell a rat and slow things down or even worse halt proceedings altogether.
Im desperate for this divorce to be finalised as my partner and i would love to marry at the end of may.keeping my fingers crossed.

lovelytoes Tue 12-Feb-13 17:05:06

Rang the courts today and spoke to a human(sorry couldnt resist that). She was lovely and explained that my stbexh has been sent papers to sign, however they have not been returned yet.

mumblechum1 Tue 12-Feb-13 17:26:12

OK. The court won't do anything pro actively so if I were you I'd phone his solicitor (they're allowed to speak to you as you aren't represented) and ask when they anticipate they will be filing their request for directions.

lovelytoes Tue 12-Feb-13 18:23:55

Thanks again mumblechum1
Wot would i do without you x

mumblechum1 Tue 12-Feb-13 19:24:41


lovelytoes Wed 13-Feb-13 13:24:40

Mumblechum1 do you have any knowledge on child contact issues.when the person asking for contact was the childs stepfather?

mumblechum1 Wed 13-Feb-13 14:39:51

Hi Lovely, I'm a recently retired divorce lawyer (I now run my own will writing company), and I have occasionally come across the scenario you describe. The court will always make the order that it considers to be in the best interests of the child. That may or may not mean contact to a step parent, but will of course depend on the individual circumstances. The applicant would first have to apply for permission to apply, so an extra hoop to jump through, compared to the natural parents.

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