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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2508
Experience:  LLB (Hons)
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I am thinking of applying for a divorce but do not know if

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Hello,
JA: Hello. How can I help?
Customer: I am thinking of applying for a divorce but do not know if my husband has put in an application. I was wondering if it would be better to be a petitioner or a respondent? I have been married since 1986 and have been a stay at home mum so was financially dependent upon my husband
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
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: I know my local family court and the divorce centre for my area but wonder if I should be a respondent?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If I make an application how and I use unreasonable behaviour how many examples should I put?

Hi, I'm Lea

Have you asked your husband whether he has petitioned or not?

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Customer: replied 7 days ago.
He has moved out of the family home and I do not know where he is living. He has instructed a solicitor but I have not received a petition as yet. My local divorce centre has stated that there is no record of a petition made in my name but they have a backlog and are processing applications from March now.
Customer: replied 7 days ago.
Can another expert assist me as I would like to opt out of switching. Thank you

Opt out of switching? Sorry, I don't know what you mean

Customer: replied 7 days ago.
Sorry I mean that I would rather use my membership for the advice and not have to pay more for a call.

I'm not going to call you (see my first post) as I know I can assist you online.

Customer: replied 7 days ago.
Oh sorry I am getting confused.

To answer your questions, I am aware that there is a huge backlog of cases at the bulk centres for divorce, so there is potential for your husband to have filed a paper application, however lots of people are using the online system, which the bulk centre can usually check, even when the application has not yet been processed.

Therefore, if you wish to file your own petition, I would suggest you use the online service if you can. You can use as many examples as you feel you need to prove his unreasonable behaviour. YOu need to ensure that each example you gives shows his behaviour, how it was intolerable to you, how it made you feel, and why you cannot live with him anymore.

Customer: replied 7 days ago.
Thank you. Would it be better to be the petitioner?
Customer: replied 7 days ago.
What are the advantages and disadvantages of being a petitioner.

The advantage of being the petitioner is that you are asking for the divorce and if granted the court has accepted your reasons for the marriage ending. It is also possible that the court may award you your costs, although often the court will split the costs of the petition.

Other than that, these days it really doesn't matter who petitions - the end result is the same, you will no longer be married.

Customer: replied 7 days ago.
Thank you. ***** make and application and my husband has already made one, which application would be used?

His would be first in line, but if you also made an application they would ask you if you wanted your application to be seen as a cross-petition.

Customer: replied 7 days ago.
What is a cross petition and how does this work?

As I said above, it's if both of you petition - one is first in line and the other is second in line and the latter should be considered by the court as a cross petition - i.e. that you want a divorce but don't want to divorce on the grounds your husband has used. It just increases costs and if you think your husband has already petitioned, just wait for that to arrive, unless you are determined to be the petitioner.

Customer: replied 7 days ago.
Okay. Thanks for all your help. I will find out if he has made a petition and then let him be first as all I want is a divorce with as little costs for me as possible.

In that case why not agree with him in advance (in writing) that you will both share the cost of the petition - particularly if you both agree to the divorce, that way you won't be waiting for the court to decide who will pay the costs.

Customer: replied 7 days ago.
Thank you, ***** ***** an option I never thought of and may work out.

You're very welcome.

I'd appreciate if you could kindly take a moment to rate positively (the five stars to do so are at the top of your page) as that is how I am credited for assisting you today. Thank you!

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