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STBX ignoring all contact

  • Ephelia
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12 years 1 month ago #55148 by Ephelia
Replied by Ephelia on topic Re:STBX ignoring all contact
I'm unclear what Sera means....but if your partner's stbx won't acknowledge the petition based on 2 years separation with consent, then she can be petitioned on the grounds of unreasonable behaviour.

She may well object to the reasons but unless she can PROVE they are untrue the court will accept them if they are valid reasons why your partner left the FMH and grant a decree nisi.

best wishes

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  • Sera
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12 years 1 month ago #55160 by Sera
Replied by Sera on topic Re:STBX ignoring all contact
When marriages fail; it can be emotionaly so devastating that some people just can't face the reality of getting a divorce. Even if they instigated the split; or did something to warrant their spouse wanting to be rid of them...

.. when we talk about what the Law can do: Solicitors letters; Forms, Bailiffs etc; there is a tendancy to not factor in the EMOTIONAL impact severing ties has had on one of the parties.

Obviously her ex (your new partner) has moved on; found new happiness and wants rid of his marriage. And obviously his wife is not ready to hear that yet.

It's obviously going to be tough for you. For us lot that have consented; the process to Decree Absolute is around 18 months.

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  • ladylou
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12 years 1 month ago #55170 by ladylou
Replied by ladylou on topic Re:STBX ignoring all contact
hi
good advice about the consent order!

on the other matter (and only going on my case as i'm not a legal expert)my ex refused to respond directly to the petition (although the grounds were UB so different to yours). he then left the country and emailed my solicitor to say that he wasn't going to bother responding to the petition and that i could wait the 5 years to file again. my solicitor took this proof of receipt of the petition to court and it was \"deemed as served\" by a judge and the divorce went through (took 3 years in total though.

didn't get a consent order though...i may well regret that, even if his claims are unlikely to be successful.

good luck,
lou

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  • ladybirdy
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12 years 1 month ago #55174 by ladybirdy
Replied by ladybirdy on topic Re:STBX ignoring all contact
Thanks everybody.

Does anybody know then if we sent the bailiff to serve her again whether that would do in terms of proving she has been seved and then continues to ignore? I have read somewhere that the bailiff can be asked to sign an affadavit proving papers were served and that can be enough to proceed to 'directions to trial', or am i talking out me bum?

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12 years 1 month ago #55202 by ladylou
Replied by ladylou on topic Re:STBX ignoring all contact
i would say that you were not speaking out of the aforementioned bum!

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  • Sera
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12 years 1 month ago #55203 by Sera
Replied by Sera on topic Re:STBX ignoring all contact
ladybirdy wrote:

I have read somewhere that the bailiff can be asked to sign an affadavit proving papers were served

I think that's just standard practice. The solicitors use reputable people!

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  • poppy5
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12 years 1 month ago #55218 by poppy5
Replied by poppy5 on topic Re:STBX ignoring all contact
soooooooooooooo,

for the avoidance of doubt and also because I'm feeling particularly 'senior and blonde' tonight:-


There is no point having a petition 'deemed served' if the reason for divorce is 2 years separation.

If the reason is UB and the petition is 'deemed served' and the respondent doesn't deny the reasons,

....then the Nisi will be granted ? and once the nisi granted the/any consent/court order regarding financials can be applied.

??

poppy

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