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STBX ignoring all contact

  • ladybirdy
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12 years 1 month ago #54482 by ladybirdy
STBX ignoring all contact was created by ladybirdy
Hi

My partners stbx has ignored the petition originally sent out, she has ignored the letter we sent using a templete off here asking that if the D10 isn't returned we will get a bailiff to serve her etc.

When he asked her (on the rare times he has spoken to her) she says she sent it but the court have received nothing.

My question is

1.
how long can she continue to ignore things/ It seems a pointless exercise to get a bailiff to serve her again if she can ignore that too?

2.
If she does ignore the bailiff served petition what is our next step.

we are self repping obviously and he is divorcing her on 2 yr sep.

Any help would be very gratefully received.

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  • poppy5
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12 years 1 month ago #54485 by poppy5
Replied by poppy5 on topic Re:STBX ignoring all contact
Hi

I think that when the petition is served by a bailif that she doesn't need to reply. That is to say, as far as the courts are concerned the 'Petiton has been served'.

What are you doing about finances though ?

Don't just get divorced without sorting the finances as she can come back in years to come........

HTH

poppy

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  • Fiona
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12 years 1 month ago #54501 by Fiona
Replied by Fiona on topic Re:STBX ignoring all contact
When someone ignores the petition the next step would be to ask for court directions but the problem here is that divorcing where 2 years separation is the reason requires her consent. So without her co-operation the application isn't going anywhere.

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  • ladybirdy
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12 years 1 month ago #54616 by ladybirdy
Replied by ladybirdy on topic Re:STBX ignoring all contact
Thanks Poppy for your advice. There are no money issues. They shared a council house, he has left it. There is no mortgage or pension or anything similar to sort.

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12 years 1 month ago #54617 by ladybirdy
Replied by ladybirdy on topic Re:STBX ignoring all contact
Thanks Fiona

My next question therfore would be,

if we send the bailiff to serve the petition and she ignores that then theoretically we are up the proverbial creek without a paddle.

Would we be able to change the grounds? Say to unreasonable behaviour based on her actions when they did live together, she was a shopaholic, got them into lots of debt and spent a lot of time out of the house with mates down the pub. I have read that the unreasonable grounds dont have to be as serious as they once were.

If it were possible to resubmit the petition using new grounds then would the £300 be payable again, or would it be admin fees? Are the criteria the same regarding consent, and ignorance of the petition?

Thanks again.

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  • ladybirdy
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12 years 1 month ago #55137 by ladybirdy
Replied by ladybirdy on topic Re:STBX ignoring all contact
Can anybody offer any advice on the above please?

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  • Sera
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12 years 1 month ago #55140 by Sera
Replied by Sera on topic Re:STBX ignoring all contact
If she doesn't accept the grounds: (Whatever Reason you use) she doesn't have to. You'll have to wait two years to file (without reason)

I also thought that if she still didn't accept (after two years; no fault) that there was a further period totally five years from seperation;...

...not sure if the Five yrs thing still exists? (someone please help with that bit!)

One other word of warning, even if they had nothing (now) if you do not get a Clean Break Consent Order court approved; either party can make a claim in the future. (This could be years later; say at pension age).

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