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Hello, my name is Peter, I'm a barrister and will do my best to assist you today.
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What grounds have you applied under in your petition?
OK. If he challenges the grounds there will be a court hearing where a judge will decide if the grounds have been met. You may not have to prove everything in the petition - just enough to show the judge that the behaviour was such that you could not be expected to live with them.
Can I clarify anything further?
She has to file her acknowledgment and if contested the court will release a court date - normally within the next couple of months. If the judge finds that the grounds are met then yes, it proceeds to nisi.
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You would apply to amend the petition in that case.
An application to amend the petition is usually done via a D11 form and the cost is £110 to file.
If you apply under 2 years' separation she still has to agree to the divorce. The ground requires consent. If you don't succeed in unreasonable behaviour, and she won't agree to the 2 years, as the law stands currently you then have to wait until 5 years have passed to apply without her consent. But the law on divorce is set to change, as announced earlier this year, so it may not be this complicated once the new laws pass.
There are draft proposals to simplify the divorce process, but I cannot tell you when they will be made in to law as this was something that was proposed at the start of 2019, obviously politics in the UK is in a bit of a state of flux at the minute.
No problem, best wishes.
She still needs to consent to the divorce if you use the 2 year ground.
She has incorrectly mentioned a jurisdictional issue as there are none.
Also child arrangement order proceedings have nothing to do with the divorce and this will not hold up the divorce.
This response should not prevent the court from listing a court date.
The court will list the hearing if she has indicated that she will contest the divorce. If she is not contesting (because neither reason given above is a reason to contest the divorce), then you can apply for NISI, yes.
These are not reasons to defend the divorce.
If she is defending she has to dispute the behaviour grounds.
Thank you and my pleasure. I think you can review on trust pilot (you will get emails about this from our team here at JA).
The responses will be viewed by someone at the court who will then decide on the next steps - my view is that directions should be issued to allow you to apply for the decree nisi as the response is not actually contesting the divorce, it is confusing the divorce and the chid arrangements application which are separate issues. As there is no denial of the behaviour alleged the petition should proceed.
Exactly - just wait for now.