Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea
Have you asked your husband whether he has petitioned or not?
Please read the following:
Opt out of switching? Sorry, I don't know what you mean
I'm not going to call you (see my first post) as I know I can assist you online.
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.
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.
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.
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.
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.
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!