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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33808
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My name is***** took my wife's name

Resolved Question:

Hi,
my name is***** took my wife's name when we got married.
Now we are divorcing. A petition and all correspondence from the court is adressed to Damian Grochowalski, the name I do not use. I have found the divorce is taking place a year after...I do not know how to react. I want to opose grounds for the divorce, but am I formally a respondent?
I have sent a letter to the court with all that information but, as I know they keep sending all the paperwork to my former correspondence address, with the name I do not use from 13 years...I did not have pernanent accomodation since I do not live with my wife until autumn last year. The address has been used for correspondence only.
Now the decree nisi has been granted , all for Damian Grochowalski.
Does it mean the court has changed my name without my knowledge?
Is the divorce valid?
I am confused....
Damian Przewlocki
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
What ground was used for the divorce and why do you wish to defend it
Clare
Customer: replied 1 year ago.

Hi,

We had been attending couple's counselling and the therapist suggested , if Olga, my wife is not able to take her part of responsibility, we had to consider separation. She wanted me to move out.... we agreed for a divorce after 2 years of separation, but apparently, made a petition on grounds of intolerable behaviour. I am strongly disagreeing with Olga's view and I can prove her arguments are not true.

As long as I agree for the divorce, I am afraid it might be used by Olga or her mother to manipulate children. It happened to Olga and her sister, they lost contact with their father completely. Olga's sister got divorced 3years ago and I was often witnessing really bad opinions being exchanged in front of her child, between their mother and sisters.

I feel like a court decided about the divorce at the moment of acceptance of Olga's petition, with my maiden name as a respondent...

Expert:  Clare replied 1 year ago.
Hi
When did you first see the Petition?
Clare
Customer: replied 1 year ago.

Hi, about 2 months ago , after decree nisi had been granted

Expert:  Clare replied 1 year ago.
Hi
For clarity - and you happy that the marriage has actually ended or do you wish it to continue?
Clare
Customer: replied 1 year ago.

Yes , I think it is better we are not together, but I cannot agree for the way it has happened.

My ex claimed It was my fault and gives completely untruth reasons.

1.

I am afraid it will be used to manipulate our children. I have justified reasons to be worried about that.

2.

Instead of shared cost of divorce after 2 years of separation , it made me solely responsible for court costs. The difference is significant.

3.

Had may name been changed already ? Does it make my all documents not valid?

I feel again being a subject to my ex's decisions, even about changing my name. I cannot understand ,why petition has been accepted by the court?

Is it not my right and will not change or not to change my surname?

It is a cherry on a cake , after she forced me to leave our family home....

Expert:  Clare replied 1 year ago.
Hi
Have you been served with a Costs Order?
Clare
Customer: replied 1 year ago.

I do not think so , all correspondence is being sent to my old address with the name I had changed 15 years ago.....

Customer: replied 1 year ago.

If I did not change my name , should I even respond to it? am I a respondent?

Expert:  Clare replied 1 year ago.
Hi
For clarity - has anyone asked you to pay anything towards the divorce?
Clare
Customer: replied 1 year ago.

actually , I do not get letters addressed to Damian Grochowalski. There was a clause in the petition about respondent paying all costs .

Expert:  Clare replied 1 year ago.
Hi
Yes but was that box ticked
Clare
Customer: replied 1 year ago.

yes , the box was ticked

Expert:  Clare replied 1 year ago.
Hi
Has the Decree Absolute been granted?
Clare
Customer: replied 1 year ago.

I do not know. People I take my post from, at the old address went abroad.

If it has and I will be appealing reasons , the court took as justified to dissolve the marriage, will they respond to the person with completely different name then in petition? it is not just a misspell ...

Expert:  Clare replied 1 year ago.
Hi
I am sorry but the fact that you changed your name and the divorce was issued in your old name is ***** ***** to make the divorce void.
If you do wish to stop this divorce then you will need to make an immediate applictaion to the Court to have the Decree Nisi set aside on the basis that you wish to defend the Petition.
This will not be a cheap option and you do need to act swiftly
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33808
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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