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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.

Hoping for help or advice regarding divorce stalemate

2 replies

Scrambledeggsontoast · 20/10/2014 21:50

I am hoping someone may be able to help/advise me as to how to move forward.... My ex petitioned me for divorce last year, based on our 2years separation. The court returned the papers, stamped, but ex has now decided he does not want to proceed with a divorce and we have therefore not moved to Nisi stage. All childcare arrangements are sorted, as are finances--we have sold the family home and have a consent order signed and ready to submit post Nisi.
I am really stuck as I have spent a lot on legal fees, to date, and am not sure what to do, I feel that it is a control thing that a divorce is now 'not wanted' as we agreed I wouldn't be the petitioner when we made the decision to divorce. I feel very much at his mercy now and am emotionally worn out as well as skint- I also cannot access the proceeds from the house sale until this is all sorted.
I am not sure what to do now-would I now have to be the petitioner and start all over again, petitioning him for divorce? Or, am I able to contact the judge/court where the petition was first lodged and ask them to have a hearing or intervene?
Sorry for long post and thank you very, very ,much for any thoughts, advice or experience you can share...I'm running out of money and energy with it all.

OP posts:
JiltedJohnsJulie · 21/10/2014 11:52

I'd phone the court, just to see what stage the divorce is at and what they advise Smile

WellWhoKnew · 22/10/2014 15:20

You're best off talking to a solicitor.

I'd have wondered that by agreeing to the two years separation, you can only divorce with mutual consent: which of course, he has revoked. But, if you're the respondent, then write to the other side and say that unless he follows this through now, then you will apply to the court to have his petition dismissed, and then put in your own application based on Unreasonable Behaviour, and will be asking for costs.

See if he falls for the threat. In the interim find out if you can actually do that legally. Perhaps post this question on David Terry's Divorce Forum?

Or you'll now have to wait another three years.

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