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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.

Ex filed for Divorce then delaying - what happens if I petition

2 replies

NotMyStory · 31/01/2014 14:45

Separated 3 years ago.
Ex filed divorce petition mid-last year but no not progressing at all (not made application for the Nisi).
After several requests and delaying tactics have decided to file myself.
Have seen that if cross petition then have to go to court so they can decide how it proceeds.

What is actually likely to happen at court - just want to move forward with the divorce but unless I petition I can't make this happen until Ex applies for the Nisi.

OP posts:
MooseBeTimeForSnow · 31/01/2014 14:59

Do you have a Solicitor? If not, if it has been 6 months since you returned the acknowledgment of service, you could make an application to the Court for his Petition to be dismissed for "want of prosecution". If you contact the Court Office they should give you the appropriate forms. You'll probably need to file a short affidavit setting out the delay.

If his petition is dismissed you can then issue your own.

Maybe contact him and suggest if he doesn't file the paperwork to apply for DN in 14 days then you'll lodge your application?

NotMyStory · 01/02/2014 10:10

Thanks.
Have a solicitor, not overly impressed.
Solicitor requested action within 21 days over a month ago, still nothing.
Returned acknowledgement of service straight away, it has been over 6 months now.
Just wondered what actually happens if I file, solicitor hadn't mentioned getting Ex's petition dismissed, just me filing - and .gov info seemed to be saying if both file then has to go to court.
Hopefully dismissing petition will be straight forward, as nothing has happened.
On other hand if Ex would file for DN that would be ok too.
Problem at the moment is that Ex won't and therefore all in limbo.
Thanks again.

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