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Clare, Solicitor
Category: Law
Satisfied Customers: 34898
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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After nearly two years of separation coming up, I am unsure

Customer Question

After nearly two years of separation coming up, I am unsure if my ex wife is stringing me along. She contacted me last August (2014) to say she has filed for divorce and wanted my new address, I discussed the paperwork could be sent to my brothers address as I wished her not to know where I am currently living. Months has passed with no sign of paperwork. I recently had a text conversation to ask what is happening?
I was told that she has run out of money to pay the court fees of £450 so I would have to be patient, I really don't know whether to believe her, is there a way of finding out if she is in the process and if not can I process for divorce instead to speed things up using an online DIY method....
Please advise
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When will the anniversary be?
Customer: replied 3 years ago.

Hi Clare,

Thanks for your assistance.

The anniversary of the separation will be two years as of the first week in April 2015.

As she said that she was filing for divorce and had already withdrew £2500 from the then joint account, I decided I was not paying for the divorce, so was pleased that I just needed to wait to read and sign for consent when the paperwork arrived. As it didn't arrive and I was informed 12-14 weeks by here I have twice queried the situation, and all I have received is excuses, just need to know if she has started the process, if she has I am guessing there is nothing I can do, if she hasn't then it maybe my opportunity to reluctantly pay for this myself, so would want the most efficient but cheapest option.


Mark Knibbs

Expert:  Clare replied 3 years ago.
Just to clarify - was it agreed that the divorce would go ahead on the basis of the two year separation or did you agree to a different ground?
Customer: replied 3 years ago.

Hi Clare,

The grounds for divorce were 5 counts, I cant name them all, but basically irreconcilable differences, drifted apart, different future goals etc etc. As I asked what she was stating as grounds so not to be saying anything wrong about my character.

Like I say its just the timescale that this has been going on that concerns me it feels like I am being blagged some what.

Not sure what else to do to see if the divorce is actually being processed, so I can decide my next course of action

Expert:  Clare replied 3 years ago.
Right those relate to a divorce based on your Unreasonable Behaviour - rather than one based on the fact that you have lived apart for two years and both agree to a divorce
However if you wish to start the process yourself and have control of the timeline then it would be sensible to write to your ex and ask her to confirm that she will agree to a divorce based on the fact that you have lived apart for more than two years if you pay the court fees involved.
If she does agree make sure that you get the answer in writing.
In April you can then go ahead and issue the Petition - details here
I hope that this is of assistance - please ask if you need further details