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a question about my solicitor - please help.

2 replies

Flybe757 · 29/11/2016 17:26

Over 2 years ago ex left and is now in Nz. In early 2016 he petitioned for divorce on ridiculous grounds that were later amended to 2 years with consent. Four months ago the 2 year grounds were agreed but it has taken forever for any response. The decree nisi hasn't been applied for and there has been no response from his solicitor to letters from mine My solicitor is now saying that she feels we should settle up the bill I owe i.e. Stop her instruction to act and just wait to see what happens next. I am reeling! Surely my solicitor should be saying that since I have no income, finite savings and this has dragged on over years already we need to do X or Y to get this moving before your savings run out ! I feel as if my solicitor is about to bail and I certainly feel that they haven't been at all proactive in this divorce. Literally 9 months since papers were first served and I'm not even slightly divorced!! What can I do??!

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MrsBertBibby · 29/11/2016 18:39

There's not a lot your solicitor can do to make him apply for decree nisi, to be fair, except write impotent letters at your expense.

What you will have to do now is to issue your own Petition, with an application for permission to file that petition, and an application that his Petition be struck out for want of prosecution. Your petition will need to be based on his unreasonable behaviour, as you can't rely on him to cooperate with a 2 year separation petition.

You will be likely to have to attend court for a hearing, and you will have to deal with the issue of service of the papers on him in NZ.

Once divorce goes wrong, I'm afraid it can be expensive and bloody fiddly to put right.

You might get a fee reduction because of your financial circs. Otherwise the court fees will be hefty.

I'm sorry.

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Flybe757 · 29/11/2016 20:32

Thanks Bertbibby. I think my solicitor is trying to help keep my costs down and says we can work on an as and when basis. I think I am going to let the property and go live with family just to get some money coming in to pay the legal fees.