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Changing reason for divorce and lengthy break...

  • wboar
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09 Aug 12 #348421 by wboar
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Hi,

My first post on here and I would welcome any advice on the situation below:

My wife and I separated and to speed the divorce process, agreed that I would divorce her for unreasonable behaviour.

I began DIY proceedings and issued a Petition and paid the court fee in July 2010.

My wife then decided that she didn''t accept the reasons stated and we agreed that we would wait for 2 years of separation and use this as the reason for the divorce. She didn''t acknowledge service of petition and I didn''t follow it up.

As this time is now up, we plan to restart the process.

My questions are: (for those still reading!)

Can I amend the previous petition (and just pay an amendment fee) even though

a) the reason has changed
b) the petition was initially issued 2 years ago.

or will I need to start the process all over again and accept I have lost the original court fee?

Many thanks in advance for any help given.

Simon

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09 Aug 12 #348423 by dukey
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Simon

You need to call the court where you sent the first Petition, even if they allow an amendment there is a formal procedure to follow plus a court hearing if your LIP costing £90.

I take it you did not get the Decree Nisi stage?.

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09 Aug 12 #348478 by wboar
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Thanks dukey, I''ll give them a call. I take it then that it is a possibility to amend?

No, we didn''t get to the Decree Nisi stage. The last "formal" element was the sending of the Petition to my wife. I did nothing further after that.

S

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09 Aug 12 #348492 by dukey
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Given there is no Nisi yes it should be no problem to amend, best let the court tell you what should be done, for some strange reason different courts seem to prefer slightly different ways.

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10 Aug 12 #348677 by wboar
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Many thanks again for the advice :)

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