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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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My wife claims the divorce petition I filed three years ago

Customer Question

My wife claims the divorce petition I filed three years ago was dismissed, as I did not pursue the decree nisi after she ignored my petition. I did not have a solicitor and continue to have no solicitor for my case. However, she is insisting that she files for the divorce herself and refuses to acknowledge that my original divorce petition was not dismissed. She has allegedly hired a solicitor to file a new divorce petition because of this.If I did not file for the withdrawal of the divorce petition and did not receive any notification from the courts about a dismissal, can she proceed with a new divorce petition? Also, can she process a new divorce petition if she does not have our original marriage certificate? The marriage certificate is still with the courts, as I submitted it when I filed the divorce petition three years ago.
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Do you still have the paperwork for the Petition that you filed and what ground was used?

Customer: replied 4 months ago.
I have the paperwork. This is the box that I ticked as ground for the divorce:The parties to the marriage/civil partnership have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
Customer: replied 4 months ago.
My wife is telling me that my divorce petition was dismissed, even though I have not filed for a dismissal nor have I received a notification from the courts about it. As I understand, the petition remains live until today.
Expert:  Clare replied 4 months ago.

Have you checked with the court?

Do you know where your ex lives?

Customer: replied 4 months ago.
I have checked with the courts. I do not know where my ex lives (she has not disclosed) and she has admitted to ignoring the original petition I filed.
Expert:  Clare replied 4 months ago.

has she said it on an email?

Customer: replied 4 months ago.
She admitted this through text messages
Expert:  Clare replied 4 months ago.

Do you know where her family are?

Customer: replied 4 months ago.
No I do not. As I said, she has not given any information about her whereabouts.
Expert:  Clare replied 4 months ago.

I appreciate that - but do you know where ANY of her family still live (it will make the next step easier)

Customer: replied 4 months ago.
No, I've tried to ask her brothers, sisters, and parents and none of them want to disclose it.
Expert:  Clare replied 4 months ago.

That is fine.

The next step is to invest £90 or so and ask an Enquiry Agent to try and trace her.

If her family are around it is likely that they will succeed and if they do then you ask the court to issue another set of divorce paperwork so that you can arrange for personal service on your ex. They will want a further copy of the divorce petition that you submitted.

Once they send you the paperwork spend another £90 and get it put in her hands personally and then after two weeks if she ignores it again you can just apply for the Decree Nisi as you will be able to prove that she has seen the Petition

If they cant find her then that is ok to - you simply need to complete this form

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/777/D13B.pdf

and pay an extra £50

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thanks for this but I would really appreciate if you can answer my original question:If I did not file for the withdrawal of the divorce petition and did not receive any notification from the courts about a dismissal, can she proceed with a new divorce petition? Also, can she process a new divorce petition if she does not have our original marriage certificate? The marriage certificate is still with the courts, as I submitted it when I filed the divorce petition three years ago.
Expert:  Clare replied 4 months ago.

She can get a replacement certificate easily

She can issue a new petition - which you can then have dismissed based on your existing petition

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