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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3740
Experience:  Owner at James Bruce Solicitors
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My wife has texted me a few times and wants a divorce and I

Customer Question

My wife has texted me a few times and wants a divorce and I dont What should I do ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: My wife has not files me any papers yet
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 live in Kent In the UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just need some advise at this stage
Submitted: 14 days ago.
Category: Law
Expert:  james bruce replied 14 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

How long have you been married, are you still together or separated and if so for how long?

What reason has she given you?

Customer: replied 14 days ago.
Married for 27 years , my wife and daughter are on conditional bail and not at home with me since 14.02.21
Customer: replied 14 days ago.
What can I do ?
Customer: replied 14 days ago.
My wife is not responding to my emails or text to reconsile and seek counselling
Customer: replied 14 days ago.
Can you help?
Customer: replied 14 days ago.
Are you there?
Customer: replied 14 days ago.
I don't want to switch to a live call as my son is in the bedroom next to mine
Customer: replied 14 days ago.
Expert:  james bruce replied 14 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

If they have been arrested and granted conditional bail, them most likely in a domestic incident the conditions would be not to attend the property and not to have any contact directly or indirectly, that includes calls, texts, emails etc.

If you wife wants a divorce then there is nothing to stop her seeking one. However she would need to satisfy one of the 5 grounds for divorce.

5 Years separation

2 years separation

Dessertion

Adultery

Unreasonable behaviour

I would in the situation say only the last option would apply as this can include domestic violence. But the person subject to that violence would be the person seeking the divorce which does not apply, unless she can prove this ground herself.

Customer: replied 14 days ago.
Can we talk tomorrow evening about 8.00pm ?
Customer: replied 14 days ago.
Happy to pay the additional cost
Expert:  james bruce replied 14 days ago.

Of course when you are ready at 8pm, make the call request and that will come to me.

Customer: replied 14 days ago.
Ok
Customer: replied 14 days ago.
One more thing, I Googled- no-fault divorce’ will finally become law in autumn 2021.
Customer: replied 14 days ago.
Is the "no-fault divorce" something my wife could use ?
Expert:  james bruce replied 14 days ago.

Yes when that finally comes into effect.

The new law will mean that:

  1. Blame - the parties will not have to rely on one of the 5 facts mentioned above in order to get divorced. It will be enough to simply state that the relationship has broken down and some couples will be able to make a joint application for divorce if they wish, thereby reducing animosity.
  2. Objections - it will not be possible to contest the decision to divorce, unless it is on the basis of legal validity, jurisdiction, fraud, coercion or procedure.
  3. Timing - there will be a minimum time period of 20 weeks from the date of the petition to Conditional Divorce Order (currently known as Decree Nisi) and a further period of 6 weeks before applying for the Final Divorce Order (currently known as Decree Absolute). This increases the minimum time period required for a divorce, however it reflects the reality that most divorces are not finalised within 6 months due to ongoing discussions about finances.
Customer: replied 12 days ago.
Hello
Customer: replied 12 days ago.
I need help with a a non-molestation order an occupation order that my wife applied for
Expert:  james bruce replied 12 days ago.

Sorry but I cannot help with that as part of this questions it is not a divorce matter.

It would need to be asked as a new question.