petitioner wont proceed

cant_get_a_divorce

Hi,

I would be greatful for any advice on the below.

My husband and I seperated in 08 - he petitioned for divorce, i signed the respondent paperwork and returned it (step one complete)
Hes now being awkward, and has refused to take proceedings to stage 2 for over a year.
We have no children or money or assets, just debt which i am paying and dont want anything off him for it (he doesnt work so i wont get it anyway)

I have been told by the court I cant start my own divorce whilst his is open.

Does anyone know what I need to do please?

Any advice is much appreciated

Thanks

meritaten

I think you really need to see a specialist solicitor - you have been separated I assume for 5 years now.........strange your divorce is still on hold! but then, it isnt so strange if YOU are paying off his debt, which you wont be once divorced!

cant_get_a_divorce

Thankyou i cant afford one tho with the debt and not entitled to legal aid

i was foolish enough to let him run it up in my name so i will clear it

McKneff

Try googling Divorcing online, and make him pay his own debts.

cant_get_a_divorce

Thanks for the advice. I have but only find when respondent wont proceed nothing about when petitioner wont thankyou tho

mum2one

would you be able to start a new divorce proceedings - based on 5 yrs seperation, as with this you don't need the other person to agree x

cant_get_a_divorce

Court have told me i cant as his case is still open thankyou tho

ValHaller

cant_get_a_divorce wrote: »

I have been told by the court I cant start my own divorce whilst his is open.

It looks like you have been misled by the court https://www.gov.uk/divorce/respond-to-a-divorce-petition which suggests that a response can be to file for divorce yourself.

cant_get_a_divorce

But I already agreed and responded. So he has to proceed to stage 2

thankyou so much I will read that in the morning

wannabe_sybil

Could you apply to the court to get his petition struck out then apply from scratch yourself? It may be worth having a word with the court staff about the procedure.

ValHaller

cant_get_a_divorce wrote: »

But I already agreed and responded. So he has to proceed to stage 2

thankyou so much I will read that in the morning

At some point, his petition must run out of time or be eligible to be struck out or something. There must be a route beyond where you are now. Otherwise, this would be a really common way of stalling a divorce.