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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1762
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I filed a divorce petition last June 2015 on grounds of

Customer Question

Hi, i filed a divorce petition last June 2015 on grounds of unreasonable behaviour to which the respondent did not agree to or sent in an acknowledment of service. since then we ahve agreed to divorce on the grounds of being separated for over two years. i was wondering if i need to withdraw the previous petition before we can file another petition on different grounds or is there an expiration time on the old petition and we can proceed and file a new petition??
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.
Hi, thanks for your question.
There is no expiration for the previous divorce petition and if you were not separated for two years at the time that the original petition was issued you would need to apply to dismiss the petition under form D11 and then resubmit a new petition under two years separation by consent.
In the alternative, if the previous petition was received you can make an application for deemed service and outline in a statement reasons why you think the Respondent has received the petition (eg. if you have emails/texts etc) and apply for the court to grant that service has been effected. If granted you can then proceed to the next stage of the divorce.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 yearsI shall do my best to help you In fact you can simply amend the original petition to one based on the fact that you have lived apart for more than two years, since you will be re-dating the petition.Since the Acknowledgement of Service has not been filed you simply need to forward the amended petition to the Court.You do this by crossing out the old grounds and details and replacing them with the new ground and details.The amendments should be underlined in red.You should resign and re-date - and these should also be underlined in redClare
Expert:  Harris replied 11 months ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!

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