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Withdrawing the petition...how?

  • disruptivehair
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30 Sep 07 #4130 by disruptivehair
Topic started by disruptivehair
I want my x2b to withdraw the petition in the UK so I can file here in Texas where it's easy, quick, and cheap to divorce.

He said he spoke to his solicitor who said it would be "tricky" to withdraw the petition but did not elaborate further. I think it's a crock.

Has anyone done this or does anyone know how?

  • Sera
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30 Sep 07 #4131 by Sera
Reply from Sera
No idea! But it sounds a load of Bull!

The first period of divorce is known as Decree Nisci, (issued once the paperwork done)... than there's a 'cooling off' period, and a divorce isn't valid until the Decree Absolut is granted.

In my first divorce, we got the decree Nisci, but the court would not allow us the 'absolut' bit, until we had a financial resolution.

I can't see if you've not got to that stage yet, withdrawing the process shouldn't be a problem. :blink:

  • divwiki
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30 Sep 07 #4157 by divwiki
Reply from divwiki
It seems that the difficulty you will have is persuading your x2b that it is in his interests to withdraw the petition. You don't have to share them with us, but think long and hard about what's in it for him as these will be the persuading factors.

If your argument wins his support it's simply a case of encouraging him to instruct his solicitor and for him not to assume his solicitor's advice is instruction to him.

If he has already spent quite a lot on the petition you might have a difficult job though.

My x2b has been talking this week about withdrawing her petition as she is angry that her solicitor is taking so long. She has talked about me then petitioning her through an online service. This probably won't be an option for us as she is so changeable, but maybe you have a more amicable arrangement?

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