okay - so my solicitor is about to get my form ready to send with my application for my Decree Nisi - assuming its my affidavit!!
Anyway again in his email he said that as my stbx and I are still living separate lives under the same roof the Decree Absolute will not be granted until we are living at separate adresses!!
I find this very frustrating as it is just not possible to sell the house in the current climate... And I have read that people have been granted their Decree Absolute whilst living at the same address so it doesnt seem that it is some sort of law that you have to be living at separate adresses, so why is it that some judges dont grant them..... I thought that the fact that the Decree Nisi had been granted meant that yes you could divorce?
Grrr - if I could move out I so would but he however will not until the house is sold!! (
This uncontested divorce is getting stressful now.
I really hope so.... but I''m using the solictor from wikivorce! However I mentioned this a couple of months ago when first starting the process and someone on here said that my solictor knows best! I suppose I will have to wait and see what happens, however it will mean more costs if they do put a bar on the Absolute as I know it costs more if you apply for it after 12 mths have passed from the Nisi being granted!
This is actually one disadvantage of using a solicitor. If you are DIY, you can take your Absolute application form to the court with £45 cash and they will give you the absolute no questions asked. If you''re going through a solicitor I believe they need to complete forms about having no intention of reconciliation and living separately features on this form. Especially if you''ve been living separated under the same roof for 12 months, the court has a duty to ask why you haven''t separated properly and to make sure no reconciliation has happened. After all you did say that you found his behaviour so unreasonable you could not live with him?
I suspect the solicitor is just being thorough and safe, rather than wrong.
Actually, the certification of reconciliation is submitted to the court with the Petition so this will have already been done.
What we are talking about here is the application for the Decree Nisi when the judge decides if the Petitioner is entitled to a divorce or not.
Whilst is is possible to obtain a divorce whilst still living in the same house, the judge has to be very clear that the parties are living separation and apart. This means that if one person were to not come home for any length of time, the other would not have to adjust their routine. Cooking, cleaning, shopping etc. would be carried out independently.
I recall a case where a petition was issued based on separation by consent. The parties have "grown apart" over a number of years but remained friends. They shared a bed but were not intimate and ate meals together. The client was advised that this must stop in order to obtain a divorce.
The facts are different in every case and we do not have the full facts in this instance.
We have separate bedrooms, we cook and eat our meals separately ( I eat with the kids)
We have TV''s in our bedrooms so we dont watch TV together - one of us is usually out most of the evening.
We take holidays separately and socialise separately.....
So you can see that its really frustrating to be told that I cant get granted the DA just because we under the same roof and this is all because we cannot sell the house yet due to negative equity and neither of us can afford to run the house on our own.... there must be more people in this situ due to the current climate?