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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33516
Experience:  Over twenty-five years experience
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My husband served divorce papers in 2012 and was using a solicitor.

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My husband served divorce papers in 2012 and was using a solicitor. I acknowledged and sent a reply back in 2013. Though the facts that he used for the grounds are false I would like to divorce to go ahead. He sighted unreasonable behaviour by me. Made this known in my response. Now my husband is sighting all kinds of excuses for not proceeding to the next stage i.e that his solicitor wants him to clear his fees before they can do anything else on the matter. From what I understand from the court, they are just waiting for him to acknowledge my signature. He also asked the court to award him costs but he is happy if I don’t pay the costs. Is there any how of amending this and how do we let the courts knw.
I’ve asked him to disinstruct his solicitors and do the rest himself without involving the solicitor but he does nt want to. I feel it’s a stalling tactic that he has been using for so long. I am frustrated about this therefore I would like to know if there is somehow I can ask the court to proceed matters letting them know why he is delaying. Its been two years since he filed. Or can I lodge my own petition sighting 2years apart. If so how do I go about this and what information would I need to put on it. Do I need to refer to the petition that he has already put in. Id like to continue with the one he has as we are at the stage where the nisi has to be granted they are just waiting for my husband to confirm my signature from the acknowledgement I sent. I don’t want to wait any longer as I am looking to remarry soon.
He does not need his solicitors to confirm your signature. He has the case number ***** even if there are outstanding fees he can resolve the divorce pretty much straight away. He simply needs to advise the court that he is acting in person and acknowledge the signature. His solicitor can not prevent him from doing this. Happy to discuss - please rate positive
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I agree your ex is clearly stalling.
Your way forward is to apply to the court to have his Petition set aside so that you can issue one based on HIS Unreasonable Behaviour (the two year separation ground would need his active cooperation)
The form you will need is a :D11 but you will also need to have your Petotion ready drafted
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Looked and the form D11 seems to be asking for court to enforce decree absolute.
We havent had the nisi yet will this form be adequate to ask the court to enforce proceedings to decree nisi?
Customer: replied 2 years ago.
Also what order should I state in question 3 of the form?
How do I answer questions 6,8 & 10?
This should be the form is a general form of Application.You are asking for1. The existing petition be stayed for want of prosecution2. The Marriage Certificate be released to the new Petition3. CostsQ6 30minsQ8 NoQ10 Evidence in the box below - which is where you set out why you are applyingClare
I see that my colleague agreed with my advice. If you have any further questions please advise.
I hope the specific responses I have given about what YOU rather than your EX can do are helpful
Customer: replied 2 years ago.
He has said the court have asked him to complete a D8 to proceed! He has submitted it n we have to wait for 6 weeks. Is this usual? Or its another of his stalling tactics?
a D8 is the Petition itself.However he may n=mean a D84 which is the applictaion for a Decree Nisi - which will take a few weeks.Wait until Monday then phone the court!
I see my colleague has provided an answer to this. In light of the delaying tactics already incurred by your ex which I made reference to above I would actually chase the court today. There is simply no reason for further delay until Monday. From your perspective this matter has been dragging on for far too long. Happy to discuss - please rate positive.
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33516
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
If he has only posted it this week it will not have been processed and logged by the court - waiting until Monday will save two calls!