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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've been separated 9 years now and I have 2 children

Customer Question

Hello I've been separated 9 years now and I have 2 children from that marriage. I have been trying to sort out my divorce on and off for the last 4 years. My wife says she agrees to a divorce and We both agree that she should have custody of the children and the house that the house should be signed over to her. But that is not really the issue. The issue is that I believe she has been stalling and been obstructive in the process of divorce. She met me in order to ring up Santander to sign the house over to her and she said that a form for me to fill in would arrive in the post. This was 4 months ago and I have received nothing and not been able to start the divorce process. 2 years ago I filled in a divorce petition and another was sent to her but she said she didn't receive it. What do I do if she is being uncooperative and lying to me to deny me a divorce ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. I am a qualified family law solicitor.
As you have been separated for nine years and, provided that no divorce petition has been issued by the court, I would suggest that you prepare a fresh divorce petition based on five years separation and submit it to court.
You do not necessarily need to run this by her given that she is aware that you wish to proceed with the divorce. Furthermore, the court do not require her consent if you are applying under five years separation.
Please rate positive if you found this information helpful.
Expert:  Clare replied 2 years ago.
HiThank you for your question.When you say that you filled in a Petition - did you actually send this to the Court - this is important as you would have to have that Petition dismissed before issuing a fresh one if it was.Assuming it was issued then you should amend the Petition to one base don five year separation - and arrange for the Petition to be served upon your ex by a Process Server.please ask if you need further details
Expert:  Harris replied 2 years ago.
Hi, just checking to see if you had any further questions regarding this issue. Please rate positive if you found the information helpful.