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***URGENT*** - Courts messed up Divorce stuff
Comments
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OP - I know you just posted the relevant facts, but I think you may have missed something. June may be a challenge.
I don't know how big Gloucester is, but the smaller the court the tougher they will find it to deal with busy periods as they haven't the staff. There is often a lack of knowledge in the people on other sections so that they can't help out under stress or if the person designated to do the matrimonial stuff has a nervous breakdown and has to take time off.
If you are nice to the staff and don't get a numpty then you may make it. It also depends on the judge. They don't like the idea of people being pushy to influence the courts. Tell some judges that they have to rush something and you may as well use it for compost. Judges don't like being told what to do - something about unbiased justice. Depends on how careful the court clerk is in moving it along.
Lets hope that not many men or women are getting black eyes in Gloucester. Can't have your totally avoidable stressing made worse.Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!0 -
You have to wait six weeks and one day after your Nisi is prononced before the petitioner can apply for DA. As others have said if you ask nicely there are ways of getting the nisi pronounced sooner in the court I work in, you can put it in the DJ's priority work but it does very much depend on the work load of the court and the Judges. Some of the work the family court deals with is very urgent and the safety of chidlren is sometimes at stake so your DA may not be considered that important.
Which is a shame because you sound so nice and deserving of help..........0 -
.....Now, for the peeps who get off on posting non helpful comments.
1: Compared to someone who gets an assisted divorce on legal aid, i expect that i jump the queue. Why ? Cos i pay the full cost simply, thats why.....
And what makes my legal aid divorce better than your full cost one? Mine is final. And when I eventually got my £4k settlement I paid my legal aid bill.
Please don't make assumptions about those poeple who have in their past used legal aid BECAUSE THEY WERE ENTITLED TO IT AT THAT TIME. Lets all hope that you are never put into that situation.0 -
OP sounds a charmer0
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are there any finances to be sorted? if so, you could be waiting a while for the DA, particularly if the ex wants to be difficult....0
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Stop posting, the thread's closed! :-D
I can't imagine why the OP's getting divorced...0 -
OP
Assault (giving the other half a good kicking) - magistrates
Injunction to prevent further kickings, non molestation order, occupation order, divorce on grounds of unreasonable behaviour (kickings), residence orders and contact orders (often used as a way to give another kicking) - all dealt with by the matrimonial section or the children's section (sections sometimes split, sometimes joined) of the county court. I issued enough injunctions after domestic violence and I never worked at the magistrates.
I was just trying to point out that many things can cause unexpected delays. I did actually have something like this, but with a tighter deadline, and I babied it through and watched that file like a hawk. That was my job, to serve the public. I kept track of where it was, I knew when it went to the judge, I used charm to get him to crack on with all the files etc. It took, IIRC, around 3 1/2 months. If the clerk you spoke to is on the ball and there are no upsets, then okay. But, and this is a big but, it cannot be guaranteed. It took a massive amount of my time and energy and court staff are monitored to see how much work they get through. If your clerk is on the borderline of getting in to trouble she may not be able to devote that focus to your file. The section may need to focus on other things due to directives from higher up, they may need to deal with a backlog of other stuff as an urgent task - you just do not know.
Another problem, there is usually a spike in divorce petitions in January (or used to be), so your petition is being dealt with at a busy time. There may just be more in the pile to get through, which theoretically could slow things down.
Anyone else reading - don't book the wedding until after the divorce. Seriously.Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!0 -
clearingout wrote: »are there any finances to be sorted? if so, you could be waiting a while for the DA, particularly if the ex wants to be difficult....
I noticed that. It came in after my day on matrimonial, so I am not sure, but hopefully if it is all sorted it can go through on the nod.
There are just so many variables.
btw, procedure for handling post at court - two people open mail sacks/open post box (depending on size of court - I've worked for both v big and v small). Post is opened in pairs, money accounted for, correspondence sorted by section. This is supervised and double checked. Post is distributed where every single item is accounted for. Meanwhile area where the post is opened is checked. It is not impossible for mail to go missing but it is hard.
And because I am feeling nice, and because other people may read this, when the date comes for the decree absolute, go to the court in person and fill in the form there and then and pay the fee. They should do it while you wait. The rule was to treat the DAs as absolute priority.Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!0
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