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How do I withdraw my petition?

  • bobadob
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09 Jan 08 #10311 by bobadob
Topic started by bobadob
Situation is:
W petitoned me and I petitioned her (yes - we did it at the same time at different courts and they crossed in the post, although hers was issued a few days before mine which tunred out to be irrelevent).

I then defended her petition and she defended mine.

At a directions hearing, it was ordered her petititon be transferred to the court where mine was issued to be heard with mine.

Following this, W then applied for directions for trial.

At the hearing, DJudge basically said it was silly for both us to be defending each others petition and said we would incur huge legals costs and stress if it went to trial, when at the end of the day you both want the same thing - a divorce. The DJ suggested cross decrees which we accepted.

Now H's answer to W's petition is struck out.
W's answer to H's petition is also struck out.
Therefore both petitions go through undefended.

We both have now applied for Decree Nisi on our own petitions and are awaiting that pronouncement.

Say out of reasons of principle (sorry cannot be more specific) if i now want to withdraw my petition, so divorce goes through solely on W's petition, how would i go about doing this?

Obviously i could ask a sol, but that costs money which is in short supply.

  • mike62
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09 Jan 08 #10313 by mike62
Reply from mike62
Seem to recall seeing someone write here that you simply write to the court and withdraw the petition. Simple as that. Why not just ring the court clerk where your divorce papers were issued?


  • Mellowmum
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09 Jan 08 #10314 by Mellowmum
Reply from Mellowmum
Hi, I used to be a legal secretary but not in family law, and all I can remember that if something issued at court was to be withdrawn you have to send a form to court to have it withdrawn which you can probably get from the court, best give the Court a ring and speak to Court Clerk who should be able to let you know.

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