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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.

Original poster

How do you change solicitors?

12 replies

KissMeBunty · 14/05/2019 13:58

I went to see my solicitor to apply for divorce back in September. I made a will with him, and we decided to go for the option of using the reason of being separated for 5 years as a reason for divorce. But I have heard nothing from the solicitor for ages- I know that STBXH was served with the divorce papers on April 1st, so he will have had to reply by now (or if not, we could have got the court to serve the papers officially) but I have heard not a word from my solicitor. I emailed him last week about this- nothing.
Can I just advise him that he is no longer representing me? Or is it more complicated than that?

OP posts:
Original poster
KissMeBunty · 15/05/2019 20:27

Anyone?

OP posts:
Jon65 · 15/05/2019 20:32

Find a new solicitor and ask them to continue the case for you. Why don't you just call them or email again asking for an update? I don't think they sound particularly slow. When did you instruct them?

Jon65 · 15/05/2019 20:43

I see you said you went to see them in Sept. Was that when you instructed them to issue proceedings? It should have taken a month to 6 weeks unless it is complex and there are finances, property and or pensions to deal with.

Itsallchange · 15/05/2019 20:50

So you went to see the solicitor and instructed him for the divorce but your stbxh didn’t get the papers until April?
Is there a reason that it had to wait until April?
Was this just a notice of intention that you were filing for divorce, my stbhx received this from my solicitor and he then had to confirm with them he was happy the papers were then issued by the solicitor and it took about 4-6 weeks for him to get the official papers, he had a week to sign them and send them back and they are currently in the back log to be sealed and sent back to my solicitor for the Decree Nisi to be issued. I have not really spoken to my solicitor in that time because there isn’t anything they could do.

Collaborate · 16/05/2019 07:33

For the posters who have responded to OP's thread questioning the delay - there are all sorts of reasons why there might be such a delay. Three examples:

  1. the court fe of £550 needs to be paid.
  2. If OP is fee exempt the form and supporting documents can at times be hard to get right.
  3. The court can take many weeks to process the petition.

The delay since 1st April doesn't seem too bad. Your solicitor will be waiting for the Respondent to acknowledge service, and for the court to send that out. This can take weeks.

If you still want to change solicitors you need to find a new one first, then pay your old one's bill. If you're getting Legal Help (a form of Legal Aid) you're effectively stuck with your solicitor.

Jon65 · 16/05/2019 10:05

Useful to know, thanks.

NotBeingRobbed · 16/05/2019 11:55

Welcome to the world of the law. Everything works very slowly and at the greatest possible cost. The system is well overdue for a massive shake-up.

Collaborate · 16/05/2019 12:08

@NotBeingRobbed The slowest part of the system is the courts. Waiting for months for hearing dates because of the court closures, and the fact that there are not enough judges, tends to have that effect.

Itsnotme123 · 16/05/2019 19:53

That’s nothing. My divorce has been draaaaaging oooon and oooon... since last June. I thought of changing solicitor but it’s not worth it. Just nag them every so often. It’s the courts that really take up the time.

Original poster
KissMeBunty · 17/05/2019 11:44

Thanks all. I'm just a bit annoyed by the fact that my solicitor and I filled out the divorce petition back in late September. I paid the £550 then too. But it wasn't served to STBXH until April. Would a court take this long to serve the divorce papers?? Also, solicitor said that STBXH had a fortnight to acknowledge receipt of those papers, but I've heard nothing either way.
Maybe I am being a bit unfair on the solicitor- it's just that a mate who filed for divorce at Christmas time has had the nisi granted, and both cases have gone through the same court system in the same location...

OP posts:
Original poster
KissMeBunty · 17/05/2019 11:45

Also, solicitor isn't replying to my emails at all. There's no complicated circumstances, no legal aid, and I have paid all my bills...

OP posts:
Collaborate · 17/05/2019 13:48

You can always find out by ringing the court.

Look at the case number. If it was issued by the court in 2018 the case number will be (eg) LV18D1234. If it is a 19 rather than 18, that suggests it was sent late.

When the court issues the petition it sends out a notice of proceedings form, in which it sets out the precise date on which it was issued. If your solicitors are ignoring email then the best thing to do is to get this information from the court.

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