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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Good evening, i am informally separated from my legally wedded

Resolved Question:

Good evening, i am informally separated from my legally wedded husband, not living in the same property as well, he doesn't know my address. i'm not ready to take on the divorce process financially nor emotionally... my legal husband went abroad and contracted another marriage (traditional and roman catholic process) without having my marriage to him legally dissolved... i am ready to move on in my time, but i see it wrong and pressurising the way he forces divorce court on me... do i have the right not to sign anything for him ? i really am not ready to take this ugly case on, but if he wants to ship in his "new wife" that would make the case immigration matter as well. Many thanks for your help.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
i am EU citizen, my husband is naturalised British citizen and holds UK passport.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am sorry to hear about the difficulties that you are experiencing with your husband.
If you think that your husband has 'legally' married again then you should consider reporting this to the police so that they consider whether your husband has committed Bigamy.
If you don't want to be divorced then you don't have to apply for divorce.
If however your husband petitioned for divorce and if you wanted to contest the divorce petition - then there would be strict timescales within which to do so.
You need to fill in the acknowledgment of service form and return it within 8 days of being receiving the same.
You need to complete the section that says you are defending the divorce.
The court will send copies to your spouse.
When you have returned the form - you have up to 21 days to say why you are defending the divorce. This is called giving an answer.
To do this, fill in the answer to a divorce petition. There is a £245 court fee.
The court will list the case for a hearing.
Contested divorced can be expensive and you should consider instructing legal representation for a contested hearing.
If you decided to ignore a petition for divorce then your husband would have to have you personally served with the divorce papers. If you still didn't respond then your would be able to continue with proceedings without any further input from you and he could also ask the court to consider a costs order against you.
Kind Regards
Caroline
Positive feedback is gratefully received. No credit is received for our work unless positive feedback is received.
Customer: replied 1 year ago.
Dear *****, thank you for your response. I do know that my husband filed a petition, he did it through divorce court, what i really would like to avoid... first place i ignored his petition and had it returned undelivered. now he really wants to force " personally serving me with the divorce papers"... is there no way to avoid the whole case with all its costs, avoiding police and court involved?
Customer: replied 1 year ago.
...in case he goes on with the court case without me, and have the court consider all costs against me, can i appeal such decision and than have my say ?
Customer: replied 1 year ago.
Kind regardsAgnes Iroakazi
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Agnus
Thank you for your response - if you really do want to contest then you need to respond to the petition as detailed above.
If you just choose to ignore then in reality you are actually making things easier for your husband. If you didn't respond following personal service then your husband can apply for decree nisi and then later decree absolute to finalise the divorce without requiring any further input from you.
I appreciate that this isn't what you want to hear but I do have to be honest.
Kind Regards
Caroline
Positive feedback is gratefully received.
Customer: replied 1 year ago.
Thank you so much for your help.
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Agnes - I wish you all the best
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