Well, my post covers a few topic so I wasn't too sure which thread to put it under, but here goes...:
My STBX is British and lives in the UK; I am American and live in Florida. We've been separated since April 2007 and received the
Decree Nisi on
26th November 2009. My STBX has not filed for the
Decree Absolute as yet.
I suspect that he is waiting for me to sign transfer papers for the apartment into his sole name, of which I am more than willing to do. However, I am waiting on him to collect what was left of my things that he did not sell (although he has no receipts stating he sold anything but he said he did). Even though many of these things are highly sentimental, I would (begrudgingly) willing to write these off, if he would only submit the Petition for decree Absolute.
My STBX was abusive and after almost 6 years of marriage, I informed him I wanted a divorce. I was then kicked out of the home I had known since August 2000 (his mother's) where I lived most of our marriage. A month prior to this, we purchased an apartment in Newcastle, against my better judgement, where I would live on the weekends. (STBX had been renting it since Nov 2006 as it was 10 mins from his job as opposed to the 45 from his mum's). The STBX still lives there.
In late April 2007, I returned to my home state of Florida with only a large suitcase and a carry-on; my STBX nor his mother would allow me to obtain my possessions.
I know the property is in negative equity. And I do not really want anything from my STBX due to the marriage being very rocky and abusive. My reasoning for not wanting any compensation is that it's better to have a loss of property rather than my life. (I do have photographs of one instance of abuse which was aboard a ferry to Amsterdam where my ex had to be put in the brig. I've tried to obtain these records but they need to be requested by a lawyer).
I am a part-time substitute (supply) teacher that has to rely on the kindness of my family to allow me to live with them. I cannot afford any lawyers, much less their fees. American pro bono lawyers will not even offer advice on my overseas divorce nor do any of them have experience or knowledge of British divorce proceedings. My financial circumstance are fairly dire; I earn well under the US's poverty guidelines. Last year, I only earned $7,244 USD (£4,779 GBP). When I left the UK for my own mental health, I left a £15k position and job stability.
I informed the court prior to the
decree nisi that I would not make any claims on the property. My ex's defense for this is that I haven't paid anything into the house (only part of one mortgage payment) and did not live full-time in it. The property had only been purchased in March 2007; a month before I returned to the US. My ex's lawyer has threatened to take me to Court for a Court Order to have the property transferred, even though I think I am being reasonable in my requests for my remaining possessions. My ex plans to ask for any court costs/fees to be paid by myself. He and his lawyer have said as much, i.e. for any fees regarding the court order for the property transfer.
I know that after 4.5 months from the
decree nisi date, I am able to submit for the
decree absolute; however, there is no possible way that I would be able to attend any court dates due to my financial circumstances. Thus, I would need to have legal representation to submit my application on my behalf. But again, there is a financial issue. I'll only be able to afford the court fees to submit the D36 form because my parents are giving me the money for it.
Thank you so much for your time.
Any suggestions, advice, etc. will be greatly appreciated.
