Hi I filed for divorce 4 years ago but my husband never replied to the petition.
I have changed solicitors and they want me to dismiss the original petition and start a new one but seemed to deliberate over what would be the best solution
Is there any reason why I can’t just have the original petition re served as my husband never replied to it or would it just be thrown out when it got to court
There are pros and cons. The existing petition could proceed but the particulars of unreasonable behaviour (which I assume is that basis of the petition) will be old. You may have to amend the petition to account for this.
Dismissing the petition will incur a court fee as will issuing a new petition.
Amending the existing petition will incur a court fee and cost you in solicitors fees but may not be accepted at first. When a petition goes wrong and has to be amended the process is troublesome and the petition often turns to rubber, getting bounced to and from the court.
The only real cast iron benefit of dismissing and reissuing would be to petition on the grounds of 5 years separation which might be applicable in your case.
Otherwise, whether to proceed or re-petition comes down to costs but it's not clear which would be the most cost-effective or efficient.