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D11 Dismissing Petition

  • Dima
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29 Sep 12 #358493 by Dima
Topic started by Dima
Hi,
I have just been informed that I need to dismiss my previous divorce petition.

The story is: 6 years ago I have petitioned for divorce on the grounds of adultery. She has never signed the Petition and we reconciled shortly after.
Now to submit a new petition I need to dismiss the old one by filling out D11.

Questions I have:
in Question 9 "Who should be served with application" - should I provide her name and address or just leave blank?
Question 10 "What information will you be relying on?" - should i just tick "the divorce/dissolution/nullity petition" ? Or do I need to make a statement and attach it?

Another thing, my STBX is not willing to cooperate. do i need her consent to dismiss the old petition? and if she is not giving her consent then i need to pay £90 fee, is that correct?

  • Enigma55
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29 Sep 12 #358515 by Enigma55
Reply from Enigma55
Hi, you seem to be in a similar although different situation to me. I spoke to one of the solicitors from this site. I made an appointment on here for them to ring me, which they did the very next day. The guy I spoke to was so helpful and explained everything clearly to me. I find it hard to believe it is all free advice, while my solicitor has charged me a fortune for giving me really bad advice. I would highly recommend you contact them on here.
Good luck

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03 Oct 12 #359050 by Dima
Reply from Dima
Hi, any advice anyone.
I just wanna make sure I''m doing the right thing.

Question 9 - i''ll put my STBX details


Question 10 "What information will you rely on?"
I ticked the box.
And wreeten sth like:
After submiting Petition on 30 September 2005 the parties have reconsiled in November 2005. As the Respondent has never signed and returned the Notice of Proceedings and the Petitioner has never persued the divorce the petition was abandoned. Therefore I wish the divorce petition to be dismissed.

I will also include £45 cheque, as I suppose this dismissal will not require my STBX''s consent.

Any opinion anyone?

  • dukey
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03 Oct 12 #359064 by dukey
Reply from dukey
Its fine but you need to provide a joint statement to avoid any questions, you both sign it in other words.

The Petition is dead anyway, you don`t actually need it dismissed its seven years old and was never acted upon.

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03 Oct 12 #359161 by Dima
Reply from Dima
Thanks,
I have sent my new Petition and they returned it and told me that the old one needs to be dismissed.
The joint statement might be a problem as my STBX doesn''t talk to me and will do anything to complicate the things and make my life more difficult. since the petition dead anyway, can I do without the joint statement?
many thanks

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03 Oct 12 #359163 by dukey
Reply from dukey
I''m a bit lost here, so now you want to divorce?

  • Dima
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03 Oct 12 #359165 by Dima
Reply from Dima
Yep, it''s a second time I Petition for divorce. first time was 7 years ago and we managed to work it out. This time it''s final and I''m divorcing her on grounds of unreasonable behavior. Hence, need to kill an old petition to file a new one.

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