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Help! - Ukranian, English, and Scottish divorce

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04 Feb 08 #12836 by zayka
Topic started by zayka
Hello,
My name is Zayka. I live in the Ukraine and have started divorce proceedings against my husband who is living in Scotland. I have filed a petition through an English Legal Aid solicitor and after a year, my husband has decided to defend the divorce. We met through the internet and we were married in 2004 and I lived in England for 2 years. I have been separated from him for over 2 years and have returned to the Ukraine. The reason for the divorce is that he raped me and the police were involved. He has asked me to drop the petition in England and he will file in Scotland. My divorce ig going for more then 1 year already. On 9th January 2008 following my husband exeedingly late application Judge refused to pronounce the Decree Nisi. I want to file in Ukraine because I can be divorced in three weeks here. I do not want any money from him, I just want to be divorced. My solicitor is not very good at telling me what is happening, and I cannot attend any hearings. There is a hearing on the 7th Feb in the UK. Should I stop the proceedings in England and go for divorce in Ukraine? Here I do not need my husband\'s permission for divorce. What is different with divorce in Scotland? Should I let the hearing go ahead in England on 7th, and see whether Judge will allow my husband to defend? My solicitor is useless, so I would welcome any advice you may have
Thank you
Zayka

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04 Feb 08 #12843 by Fiona
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My understanding is normally the courts in the country where the divorce was first petitioned has jurisdiction and therefore you would need the English court to stay the divorce petition there.

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04 Feb 08 #12847 by zayka
Reply from zayka
May it be a problem to stay a petition?

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04 Feb 08 #12857 by Josh2008
Reply from Josh2008
Zayka

As previously advised let the hearing go ahead and see what the court outcome is.

Make sure the court is aware of your current address so that they can forward to you the outcome of the hearing.

Please don't blame your solicitor for not communicating, as stated before they will struggle to receive any money from the legal aid board.

You are now making very serious allegations against your husband and he will no doubt have defended those in his answer to the petition.

Wait until the court has decided what happens next, which may be that you have to reply to your husbands answer

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04 Feb 08 #12860 by zayka
Reply from zayka
May I call to the court on the day of hearing and ask them about outcomes myself?

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04 Feb 08 #12865 by Josh2008
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If by call you mean telephone, then I can only assume they would not give out such information on the phone.

By all means give them a ring, but not on the day of the hearing, give them a couple of days to get the paperwork back to the court offices before ringing.

Make sure they are ware of you current address to send any communication to you.

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04 Feb 08 #12868 by zayka
Reply from zayka
My current address is in my Affidavit, but the court will send everything to my solicitor I guess

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