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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a judicial separation and I wish to apply for a divorce.

Resolved Question:

I have a judicial separation and I wish to apply for a divorce. 1. Is it sufficient to complete the D8 Divorce Petition form and reference/attach the Decree of Judicial Separation and the Consent Order. 2. How soon after the judicial separation can I apply? Two years? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the JS Order granted and does your ex agree to a Divorce?
Clare
Customer: replied 3 years ago.

The JS order was granted on 24th February 2012.


It was my ex who said she wanted to divorce in 2013 and said that she intended to apply for one "when the two years is up". She has not replied to my recent enquiries in this matter which may mean that she will try to oppose a divorce.


Nick

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the only ground son which you can apply for a divorce are that you have lived apart for two years and the OTHER PARTY CONSENTS to the divorce - or you have lived part for five years.
Do get her consent in writing before you spend the petition fee
You do not have to send a copy of the JS Decree when you do file the Petition
I hope that this is of assistance - please ask if you need further details
Clare
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