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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1255
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My Ex is counter petitioning divorce. I wan the marriage

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My Ex is counter petitioning divorce. I wan the marriage over and done with.If I respond to the counter petition do I get to maintain the ability to apply for the decree Nisi? Or does the power to apply to end the divorce transfer over to her?How long does it take from counter petition to decree Nisi?
HelloWelcome to Just AnswerI am a Solicitor and will assist you.I am sorry to hear what is happening, it is quite uncommon for divorces to be contested nowadays.At this stage, neither of you can apply for decree nisi.If you do decide to withdraw your petition and allow your wife's petition to proceed, then you are not able to apply for decree nisi.You could however apply for decree absolute once your wife has applied for decree nisi but you would have to wait an extra 3 months on top of the 6 weeks and 1 day that your wife would have to wait.If you wife decides not to apply for decree nisi then you would have to petition for divorce again.You do have the option of offering to amend your current divorce petition to something your wife that your wife might be more amenable too. If your wife is happy to proceed on this basis then you would remain the petitioner and thus in control of the timetable when it comes to applying for decree nisi and decree absolute.Kind regardsCarolinePlease kindly remember to rate positively by using the stars so that credit is received for helping you today
Customer: replied 1 month ago.
What is a "Cross Decree?" and how is this possible to achieve?

Hello

Thank you for your response.

Please do accept my apologies for my delay in responding to you.

If you both put in petitions then the case will considered contested.

The court will list a case management hearing which you will both have to attend. If the court agrees at that hearing that you should be both entitled to a decree and it is proper to do so then the court can make an order accordingly that you can both apply for decree nisi on an uncontested basis in the future.

kind regards

Caroline

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