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Holiday season

  • IvorProblem
  • IvorProblem's Avatar Posted by
  • Senior Member
  • Senior Member
29 Jul 17 #494940 by IvorProblem
Topic started by IvorProblem
My stbx has gone on holiday and coincidentally the solicitors have issued me with the draft divorce petition for my consideration. I received the email at 13:06 saying 'provide us with details of the amendments within 7 days after which time the petition will be sent to the court to start the proceedings'.

I replied at 14:25 but at 14:27 I received an automated response that they have gone on leave - for a week.

Given that my response was to inform them that I believe they have missed off attaching the relevant document and to please send it for my consideration, I hope that I am correct to presume that I will have a week to review the document with the metaphorical stop-watch starting at the time it is received?

  • Bubblegum11
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  • Moderator
29 Jul 17 #494943 by Bubblegum11
Reply from Bubblegum11
I would re-send your reply to the generic email for the firm so that someone else can pick it up. Maybe the secretary can attach the correct file and re-send it to you.

The draft petition is sent out of courtesy and they are under no obligation to send you one or to give you seven days to respond. It does usually avoid unnecessary disagreements further down the line.

Your wife could quite simply petition for divorce and the first you'd see of it would be when you get a copy from the court with an acknowledgement of service form to complete.

The fact that they have sent you a draft is good practice and helps keep matters amicable. The fact they forgot the attachment is an error on their part and it's very likely they will just extend the 7 days.

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