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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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a friend recently applied for a divorce and made a couple of

Customer Question

a friend recently applied for a divorce and made a couple of mistake filling in the D80 form, and identified his wife's signature but wrote her full name instead of the way she signed in a shortened form, also he forgot to delete the words disolution/judicial seperation. Because of this he was sent back the forms with a notice that said
"Please note that the district judge having considered the evidence filed, is not satisfied that the petitioner is entitled to the decree sought, because.." and pointed out the two things above. and also directed that: amend statement in RED and to include a reference to the amended petition
and
the petitioner should file further evidence and renew the request for directions for trial.

As my friend cannot afford a solicitor he does not know what to do now as it is not clear from the letter what is the next step. Amending the document sounds straight forward, but what do they mean when the say " file further evidence and renew request for directions for trial" they are not going to trial as both of them want a divorce, it was a mistake that he wrote the full name instead of the shortened version she signed.
How does he prove that it is her signature if he is not talking to her and has moved out of the family home, and if he tries to return they(his wife and children) call the police to escort him off his own property? Will a photocopy of her passport suffice as further evidence
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but need some further information first
Was an amended petition involved at any time?
Claire
Customer: replied 3 years ago.

Hi Claire, no it was not amended, I filed for and got my divorce a couple of years ago, and helped him fill in his petition, but things have changed since my divorce, the first part of the petition seemed fine because his wife was served and she signed the paper saying she did not contest.


 


Now they do not have any court officers in the local court, whilst I had to swear an affidavit to say that all that I have said is true, he had to sign the form and identify his wife's signature, but like I said he made a mistake and wrote out her full name and not the shortened form which she signed.


 


Because everything has changed I do not know what he has to do now, I found out most of the information on the government website, but the middle bit is not mentioned in any of the description of the process. The marriage has ended they both want out, and communication has broken so much that they are not even talking to each other about anything.


 


Does he have to file the petition all over again? Or just amend the form in red and also provide some sort of evidence that she wants the divorce aswell?

Expert:  Clare replied 3 years ago.
Hi
No he does not have to file the petition again - or even amend it.
Instead simply get a further form filled in and done correctly this time and send both the form sin again - no need to mess about with amending statements in red!
I hope that this is of assistance - please ask if you need further details
Claire

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