How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask ReadyLaw Your Own Question
ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 2009
Experience:  Bar Professional Training Course
104128041
Type Your Law Question Here...
ReadyLaw is online now

My estranged husband will not sign divorce papers and when I

This answer was rated:

My estranged husband will not sign divorce papers and when I was working would not pay half the fee.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes papers were filed last January and he received February 2019. He said he’ll never sign and won’t pay towards any fee. He doesn’t contribute constantly with financial help towards our youngest who’s 17yr old.
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: It was Guildford Family Court Surrey.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I’ve been out of work since 10th September 2020 and struggling and he won’t help. Well he said he would as he’s due a £7,000 tax rebate. I have a multiple of bills to pay he only have one. I’m in Rent Arrears and my son and I could be homeless.

Good day your question has been forwarded to me to see if I may be able to help

Thank you for your patience.

Your estranged husband does not need to respond or sign anything in order for you to proceed. if he does not respond or defend the divorce petition you could have proceeded to apply for the decree nisi.

Please see below link that has information on how to apply as well as what to do next

https://www.gov.uk/divorce/apply-for-decree-nisi

Applying for the decree nisi progresses the divorce. Once you have applied for this, you would be able to later apply for the decree absolute.

You may also apply for financial help for yourself from him. This is referred to as spousal maintenance. The court will look on whether you are in fact in need of assistance and if he can afford to pay. You may want to also ask the court to make a division of any assets of the marriage.

Hope this helps. All the best

RL

Customer: replied 15 days ago.
What can I do as this feels like a form of control and why should he not face his responsibilities. I need help and begging him and just getting broken promises. I suffer anxiety and my son depression and don’t need this nonsense. I’ve always allowed access never used kids as pawns as they were conceived out of love. I just want fairness from him.
Customer: replied 15 days ago.
Just seen your message and shall go into the link for applying for the decree nissi. The C.A.B helped me to fill in the forms and I was told even when on low income I would have to pay the whole fee.
As for assets there are none as our first home of 12yrs he nearly lost us through his lies that he was paying mortgage. It was suspended and he promise he would never lie. We sorted out our debts and it was more lies and we lost that to his more lies and that was the last straw for me. Waited 2yrs after that for him to have marriage counselling and work with me but he refused. The children were young then and I was devastated that he couldn’t put me first and more importantly our kids.

Perhaps the best way to go especially if there are concerns re finances is to see whether this could first be resolved via mediation. If mediation is successful you would then only file the mediation agreement in court. Mediation is a more affordable way to proceed. here is how you go about getting a mediator to help:

https://www.gov.uk/money-property-when-relationship-ends?step-by-step-nav=84b7fdca-a8b0-4500-bc27-dafeab9f1401

ReadyLaw and 2 other Law Specialists are ready to help you
Customer: replied 15 days ago.
Tried that and he refused to
go. It was I don’t want to and why should I. So Im in a catch 22 then? However if I contact a mediator and he refuses to attend then surely the court would be able to intervene?

Please have a read through the advice given. You will see that I have said that if mediation does not work that you may go to court.