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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have filed a divorce petition nearly 1 month ago stating

Resolved Question:

I have filed a divorce petition nearly 1 month ago stating 2 year separation. As of yet it has not been signed and retuned. I have been advised to complete a form D11 to apply to the judge to deem the petition has been served to continue with the divorce. I have printed text messages to prove that he has received the papers and my repeated pleas for him to sign. Will these be acceptable as proof of service. Also does he receive a copy of the application?

Sue
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.
Do you have anything in writing from your ex confirming that he agrees to a divorce based on the fcat of the separation?
Clare
Customer: replied 3 years ago.
Not really, he will only communicate with me through text message and did say if I want a divorce I would have to pay but that was a while ago. I have proof that he has received the papers but forgot about them. I offered to pick them up when signed and he replied that he would post them, that was on 25th June. I filed for divorce on 2nd June.

Sue
Expert:  Clare replied 3 years ago.
Hi
Then there is no point in doing what you have suggested.
The ground you have chosen is entirely dependent on your ex's written consent so without that the divorce cannot progress.
However after another month you could tell him that if he does not respond then you will amend the petition to one based on his Unreasonable Behaviour - which is dependent only on his receiving the petition
Please ask if you need further details
Clare
Customer: replied 3 years ago.
It looks like I am caught between a rock and a hard place then because I can't afford to pay the filing fee again. I will have to wait him out I guess.

Sue
Expert:  Clare replied 3 years ago.
Hi
NOT necessarily
You would not have to pay the filing fee - just the £95 fee for the application to amend the petition?
Clare
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