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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

1st Hearing - Directions on a stalled process

2 replies

Prettylady12 · 21/01/2014 21:23

Those with some insight please.

STBX cross petitioned and now no progress for over 18 months, i am going to court to get directions - 1st hearing.

Can I self represent myself or if use a solicitor how much is it likely to cost me - I work one 2 days a week so not much money flow.

my intention is to ask the Judge to progress as this is taking too long as STBX is not making any progress as his cross petition has stalled the process becos he is not moving it. can i also ask the judge at the same time about other arrangements such as financial, holiday access,spouse maintenance etc at the 1st hearing.

i am hoping if i put the application to the court now, i should get a hearing even for 10 minutes this month - is this possible. Do the court delay things?

sorry posted twice.

OP posts:
Joy5 · 23/01/2014 19:02

Hi
I was in the family courts for a first hearing earlier this month representing myself. Just couldn't afford solicitors on my salary, of course my ex can.

My ex filed court papers last Sept and the first hearing was earlier this month. So just over 3 months but that might via from court to court. First hearing should have lasted 30 minutes, but was a third of that, i thought we had a really complicated case, but the judge had seen it all before.

A few weeks before the hearing we both had to submit Statement of Issues and a Questionaire (about the financial form exchanged a month or so before). Statement of issues should cover financial, maintenance, pensions etc and access to the kids.

A really good book is by Lucy Reed 'Family Courts Without a Lawyer' and if you have queries you can post on 'Legal' on MNs.

I thought we were on the verge of an agreement just before my ex filed court papers, so the court process slowed things down, (had to go back to exchanging financial papers first for the 3rd time) but if your ex isn't returning papers, he'll have to keep to the courts timetable. Think my ex only filed with the court, because hes determined to make me suffer for as long as he can, but it doesn't seem to have occurred to him hes paying thousands of pounds to do so!

If you've any more questions on the first hearing, i'll probably be able to answer them, i was lucky enough to get some help from a free legal clinic, and a relative of a relative gave me some free legal advice.

Prettylady12 · 27/01/2014 21:48

hello Joy5, thanks for your response. I was thinking of a solicitor to do the legal thing , but really worried about cost, my sbtx and his solicitor do not respond to emails etc , so only option is to go to court for everything and steps, its painful task. my 1st hearing is just to kick start the process- get a decision from the judge to put pressure on him to carry on the process or else, i wish we had even got any further now.

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