How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Judge Your Own Question

Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32885
Experience:  Over twenty-five years experience
27487359
Type Your Family Law Question Here...
Thomas Judge is online now

Divorce. I filed a response in time to contest my wife's unexpected divorce petition.

Resolved Question:

Divorce. I filed a response in time to contest my wife's unexpected divorce petition. There are unusual circumstances involving her mental health issues which would justify there being a contested hearing. Unfortunately I am dyslexic and did not pay the fee. I was unaware a fee was payable until the form was returned.
They returned the petition to me and I paid by return - by then it was out of time. I sent an explanation to the court who ordered a cmd should be called to determine whether the response was out of time and if so should an extension should be granted. I am now familiar with the case of Price v Price (2014).
The matter was ordered to be transferred from Liverpool the regional centre to my home court at Preston. Today I learnt that the directions hearing was to be listed for 12-16 weeks for processing of Form A and other directions.
It seems to me this should not be the case.
The matter of the out of time issue should be first determined by oral evidence and
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
The court may of its own motion have agreed to your application (or the court may have made such an application on its own accord) to grant your application to file out of time in light of the very reasonable excuse. The court has the power to make such decisions under CPR Part 3 using its inherent powers. Happy to discuss. Please rate positively - thanks
Customer: replied 1 year ago.

I understand the court has such powers under FPR rule 4.6. What I am asking is that given the directions by Liverpool DJ for an immediate CMD to determine whether it was out of time before transferring case to Preston. Preston DJ then listed Directions Hearing for Form A. No mention of the out of time application.

Am also worried that previously her solicitor had written to me asking for voluntary disclosure and negotiation and I had initially agreed. After speaking to a solicitor on a one off basis I understood this was not required before a contested hearing. I misunderstood the significance of this in terms of negotiation I then wrote to her again saying my understanding was I didn't have to do this yet. I have included the correspondence as it is easier to understand. Should I send a letter asking solicitor to suspend form A and pursue negotiation or is this now fruitless? Cant seem to load the docs?

Expert:  Thomas Judge replied 1 year ago.
Negotiation is never fruitless and it may well be helpful in your case to agree to a form of mediation where you can attempt to resolve questions/issues. You may wish for this to be on a without prejudice basis so that what you say as to any settlement is not brought up in court. So there is merit if you see this as the way forward to agree to a short stay in the proceedings for the purpose of negotiation. I hope that this helps. Please remember to rate positively.
Customer: replied 1 year ago.

Thanks your reply was useful. However about the initial issue of Directions. Should I apply to have the out of time issue heard prior to the Form A hearing? Or is this not viable? Will rate you positively after this. Thanks

Expert:  Thomas Judge replied 1 year ago.
The out of time application needs to be dealt with ideally at the time of directions
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32885
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters