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Mistakes on Petition SECTION 3 and Decri Nisi HELP

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31 Aug 12 #353032 by helpworried
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Really Upset, Felt like everything was underway and the divorce forms were going in smoothly now I have come to a glitch which has really upset confused and worried Me, Please help! Rang the line on here and waiting for a call back but would really appreciate a quicker response.

So I sent Petition in, and got to the point of applying for Directions for trial/Decree Nisi, husband agreed and everything was agreed and ready for this stage received a letter back today saying:

Please note that the District Judge having considered the evidence filed, is not satisfied that the Petitioner is entitled to the Decree sought, because:

1. Part 3 of the Petition is not completed correctly.
2.If the Petitioner wishes to proceed on the adultery aswell as the alledged unreasonable behaviour details of the living arrangements need to be given since 14/02/2007 to establish that the adultery was not condoned. This statement must include a statement of truth.

CONFUSED, will I have to pay again?
the mistake on the Petition is it the main divorce petition or the decree Nisi application, I have just had a look over My copy of the main petition and wonder if it means this one as I ticked the box under CIVIL partnership (which we are not) saying, The petioner and the respondent areboth habitually resident in England and wales. Could this be the mistake? WHAT ARE THE RIGHT boxes to tick on the Jurisdiction section.... If it IS wrong how do I correct/ammend?? Fill out a whole new form? My husband has already been sent his...

The letter then says The Petitioner should deal with above matters and renew the request for directions for trial.

So what now? They did not send back the decree nisi I previously sent just this letter, do I ammend My petition? How? do I pay again? Please PLEASE reply

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31 Aug 12 #353039 by dukey
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Part three what have you ticked?

Where were you and your ex born and where do you now live and for how long.

Part six, you can`t use UB and adultery, its one or the other, change it to UB only.

Yes you will have to pay another £90, to amend, which is why often its best to use a service like wiki offer at £179, at least its done by a solicitor.

When you have answered these questions ill talk you through amendment.

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31 Aug 12 #353040 by dukey
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Actually just call the wiki line and save time.

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31 Aug 12 #353047 by helpworried
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I did not pay £90...?
I thought you paid 90 for the final Absolute not this stage???? Plus they have mentioned no payment for this stage.

I ticked a box under civil partnership... My question was how do you ammend a Petition to correct that wrong tick.

I am english he is jamaican born now both live in England. The court sent Me BOTH forms for adultery and unreasonable behaviour to complete I did not choose to do both and they said if I want to use adultery aswell as UB so yes I can?

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31 Aug 12 #353054 by dukey
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The £90 is due to errors on D8 and you will have to pay when you take it back corrected.

The Decree Absolute costs £45, i think maybe that is what you were thinking of.

It sounds as though you have made a number of mistakes throughout the form as such complete a new one and head it "AMENDED divorce application" underline in red.

Staple the old D8 to the back of the new.

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31 Aug 12 #353065 by helpworried
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OK I see, thank you also spoke to a wiki solicitor but phone cuts off as do not have a house phone and no credit :(It was just a tick box I ticked under civil partnership on the jurisdiction I now understand the best box to tick is the Article 3 (We both live in England) do you agree with that? should I just tick ONE box?

and staple the old to the back ... Thanks I shall do, aswell as a covering letter. The man I spoke to from My particular court mentioned no fees... he said if you get it wrong they will just keep sending it back it wont cost you anything, TBH he did not sound very aware of the procedure. So perhaps Ill double check before parting with £90 unless it is compulsory to everyone/all courts?

With the amended Petition and old petition Ill renew (which I am gathering simply means send a new one) of the adultery, and direction for trial form this time correcting the thing they pointed out...

I really appreciate you answering as like I say right now I have topped up twice and keep getting cut off mid convo with the wikidivorce line.

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31 Aug 12 #353078 by dukey
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Do you know how to send a private message, just look under my snoopy and click the box to send a message, send your number and I''ll talk you through the form.

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