Second thoughts on divorce

[christmasclean]

I am having major second thoughts about my divorce. Is it possible to put it on hold? Is there a fee and for how long?. What would happen if I just stopped the divorce? I am the petitioner and currently at the stage where hy petition has been sent to the courts

Not a clue about the process, but reckon you shouldn't marry unless 100% sure and same for divorce. If you're not sure, don't continue.

You don't need to do anything for the time being; the court doesn't actively manage the case, so you can leave the petition lying dormant at court for as long as you like. If you wish to do so in the future, you can formally withdraw it but it isn't legally necessary.

Mumble chum it don't understand I've read and processed but don't fully understand what you mean. Or what would happen with solicitors , if one day I decided to after all, would I start from beginning again and pay all over again for example the petition is supposed to be reasons from last 12 months

You simply tell your solicitors that you have decided not to proceed for the time being. They will bill you for the work they've done so far.

If you decide in, say, a years time to pick it up again, you will have the opportunity to update the court by way of a form which you would have to complete in any case when applying for decree nisi. You wouldn't have to pay a second petition fee.

If you permanently reconcile with your husband you can (but don't have to) make an application to the court to withdraw your petition and pay a fee (can't remember how much, haven't practiced for 2 years).

I see, why would the petition have to be withdrawn?

And would it be better to hold after nisi is granted or before?

Would it be good form to email solicitor requesting that I don't want to proceed untill further notice once the nisi has been granted ? Sorry for all the questions , and thankyou in advance for replies

To apply for decree nisi you'll have to confirm that the marriage has broken down irretrievably, which it hasn't. Just hold things as they stand, but be aware that if you live together again for 6 months then want to resume divorce you'll have to file a supplemental petition with newer up to date behaviour allegations.

Ok , so I wait for nisi . Then hold untill I get my head together.

If the nisi is granted, the respondent will be able to make an application for the absolute to be granted 3 months after the date on which you could have applied for it. The respondent can also ask for your application to be set aside and make his own application if you aren't progressing. This is all assuming he does want the divorce and it's just you that doesn't though.

No, that isn't what Collaborate said. If you wait for the decree nisi you will have to confirm that the marriage has broken down irretrievably. And, as nomoretether says, once the nisi has been issued your ex will eventually be able to complete the divorce whether you like it or not. If you want to put things on hold you need to do so now.

Oh I see thankyou for that

I'm so confused my heads all over the place and I'm not 100 PC sure about this divorce. Sorry for all the questions . If I rang my solicitor Monday morning and the nisi was not granted by then .. Could be any time , will she then contact judge to not grant it. So he couldn't absolute later, if he wanted to.
But if divorce was right and this is just a wobble , and he hasn't moved back in can I still apply to start off where I left off. At the point of judge about grant nisi? Is there a time window you can hold in this position ? Will the court fees be payable again?
Ty everyone you don't know how grateful I am

Ah,so you've already applied for the nisi then? I think we were all advising on the presumption that you'd just lodged the petition and not taken it any further.

If you have already applied for the nisi then yes, call your solicitor on Monday morning.

Thankyou I emailed them on Friday afternoon and will call Monday morning.

Hi everyone, I spoke to my solicitors secretary and the solicitor is going to call me Wednesday, without speaking to her I am now confused about what stage I am at. I know my papers have been sent to court, I know my husband hasn't returned anything yet. I don't think I have made application for nisi yet. Things should be clearer Wednesday

CC, if you have only signed a petition and statement of arrangements for children, and your husband hasn't yet returned his acknowledgement of service, you can stop panicking.

It sounds now as though you haven't applied for DN (you only do that once your husband has either returned his acknowledgement form, or a bailiff has served him personally).

So stop fretting. But please do read the letters from your solicitor carefully as she's probably explained this in writing.