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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 2710
Experience:  Bar Professional Training Course
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Do you cover Divorce Law? I need help with a simple

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Hello! Do you cover Divorce Law? I need help with a simple application to proof my (ex)wife has received the divorce application to move things forward as she is deliberately not responding. thanks, Francesco
JA: What steps have you taken? Have you filed any papers in family court?
Customer: She was served the divorce application. I have filed the divorce application online, she agreed on it but then when the letter arrived she did not respond. She received it over 3 months ago.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: London Newham
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am currently living in Italy and I have not lived with her since the 2019 but in the official documents as well as in the divorce application paper mine and her residential address is the same
Customer: replied 15 days ago.
File attached (LSP1V5Z)
Customer: replied 15 days ago.
File attached (L2GZT14)
Customer: replied 15 days ago.
Could you confirm I have enough ground to apply for the divorce to proceed without my wife response to the divorce application? Is the way I have filled the form correct? Can I write my actual living address since is now in Italy and is different from the address I have written on the divorce application?
Customer: replied 15 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 15 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, welcome to JA, I am Readylaw one of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Customer: replied 15 days ago.
Thanks, ***** ***** for your reply. I hope the evidence attached gives me ground to apply. Please let me know

Kindly give me a minute, I am currently reviewing what you have typed in order to provide a written response.

Customer: replied 15 days ago.
thanks a lot.

I have seen that you have attached some documents for me to review. Unfortunately I am unable to review documents outside of our premium service. I will request for an offer to be sent to you with respect to document reviews. If not, I will provide a more general response without having seen the attached documents.

ReadyLaw and 2 other Family Law Specialists are ready to help you
Customer: replied 15 days ago.
I have accepted the offer. Waiting for your reply

Great i have just received the notification. Kindly give me a minute I am currently reviewing the attachment and I will provide a written response.

Thanks for your patience. Kindly note the following responses:

1. You do have sufficient evidence to proceed with the service as the chat does confirm her receipt of the document.

2. The way you have filed is correct. However at number 3 include the following: The application is therefore for an order that the respondent is deemed to have been served.

This is the order that you want the court to make in order for you to be able to proceed with the proceeding.

3. Yes you may use an address in Italy. The law allows for you to file for the divorce from Italy if the respondent your wife currently resides in the UK. Your address therefore will not be a problem.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 15 days ago.
Thanks a lot for your clear reply. That's helpful. Can I send the application by email? Once she replies, if she agreed and there is no court hearing can I get a decree nisi automatically? Is the divorce complete In that way? Many thanks for your help
Customer: replied 15 days ago.
Sorry I meant above, in the case she replies, but she probably won't. In my situation, when the court recieve the D11 form the divorce will proceed without court hearings? Would I receive a confirmation of the decree nisi on my gov account?
Customer: replied 15 days ago.
Thank you

My apologies for the delay I had not realised you had asked follow up questions.

1. Yes courts are accepting applications via post in light of the current pandemic. Contact the court where the application was initially filed to find out whether it is being accepted.

2. Once the application is approved and she has been found to have been served you may then proceed to apply for the decree nisi. You wont get it automatically you would have to apply for it.

3. When you obtain your decree nisi you would wait another 6 weeks and then apply for the decree absolute. Once you obtain the absolute then the divorce would be final.

4. If she acknowledges receipt it depends on what she says. If she acknowledges and decides not to defend then you would not need to proceed with this application you would then file the application for the decree nisi. You must file for this in order for it to be granted.

Customer: replied 15 days ago.
Thanks a lot for your replies. Just a further clarification. For the application of the decree Nisi do I have to wait the resolution on the first application? How do I start that application? Thanks a lot and have a nice weekend

Please see below link for applying for the decree nisi:

https://www.gov.uk/divorce/apply-for-decree-nisi#:~:text=You%20can%20apply%20for%20a,apply%20for%20a%20decree%20nisi.

Yes, you would await the outcome of the first application before applying for the decree nisi.

Customer: replied 14 days ago.
Thanks a lot for your help