I''m hoping someone can help me!! My husband is now a American resident and i have obtained a order to dispense with service from the courts as i''m not sure where he lives over there. I have applied for divorce and in Part 3 of the divorce i had ticked the Article 3(1) box and nothing else, i have had a response from the court stating that i incorrectly completed the form and leave for Petition to be amended and dispense wit re-service, but Petitioner must file with amended petition a fresh affidavit dealing with amendment.
Two questions will i have to pay the £340 again and what did i do wrong?
Just to clarify we were both born in the UK and i have always lived in the UK
I filled in a D13b and a D8. The D13b was granted and I have since completed a D80E and D84 (undefended case) to which I had the response from court stating the court is not satisfied I am entitled to the decree sought because “ Part 3 of the Petition is incorrectly completed and fails to deal with the issue of either habitual residence or domicile. Leave for the petition to be amended and dispense wit re-service, but Petitioner must file with amended petition a fresh affidavit dealing with amendment”
I am not sure if I have ticked the wrong section completely on Part 3 as I am sure my hopefully soon to be ex husband is now a American citizen and has lived there for 6 years.
Any further help would be great,
Thanks but I think it was more by luck than judgment, that and some very helpful court attendants anyway sorry to labor the point but I need to tick the 3(1) box and then on the following grounds tick that the Petitioner and respondent are both habitually resident in England and Wales?