unresponded divorce petition

Hi

My ex and I have been separated for 3.5 years.

He has verbally agreed that its time to divorce, and that we can do it on the basis of 2 years separation with consent .

I was wondering what the courts would charge me if i petitioned him and he failed to respond- would i have to pay that £340 again in 1.5 years time, when i don''t need his consent?

Obviously as a single mum, I''d rather not be paying out twice.

If anyone could help, it would be greatly appreciated...as i am under the impression his new partner is having a bit of an influence on him.

When separated for 3.5 years is there any reason he would refuse, surely his partner would be happy if he was single again.

With two years separation it must be by consent, if he refuses to sign the form court send you`ll have problems, often people in that situation amend to unreasonable behaviour which costs another £90.

But lets say you did apply on two years and he wont sign, so you wait another eighteen months, your in the same position, he still must sign the form, if he refuses again you would need to have him served and jump through many hoops (deemed service) lots more money long story short.

Is there a reason why you cannot use a mild UB application?, if your unsure he will agree its worth thinking about.

I don''t know much about going down the route of unreasonable behaviour- does this mean he won''t have to consent to the divorce?

Usually when you divorce you need the ex to sign a form which court send, for whatever reason sometimes they refuse, when this happens you need to go through one of two procedures.

Have service deemed this proves to a judge that your ex knows your asking for the divorce, if adultery or UB they don`t need to consent - you get the divorce.

Have service dispensed, this is used when you don`t know where the ex is anymore, do`t worry about this version it does not apply here.

If you think your ex wont sign don`t use two years by consent, you`ll just waste time and money, use UB and have service deemed, you will need to complete a heap of court forms and pay a professional to take the papers to him, don`t use the court bailiff service though use a proses server or enquirery agent, they have much better results.

So the forms needed are

D8
D8a if you have kids
D80 (a-b-c-d-or e)
D84
D11
An affidavit

And lastly D36

Have a read of them, all but the affidavit is in the wiki library.

If you don`t like the look of them wiki offer a fixed price service for £480, they do the lot from start to finish.

Thank you so much.

Will i then be able to somehow force a full financial disclosure?

This is yet another thing he doesn''t want to do.

Once court have a divorce application you then have the right to apply asking for disclosure by sending form A to court (£240) this then begins a formal process which requires you both to complete a long form called form E.

If either parties refuse the judge can basically send them for a holiday at the queens pleasure, small cell nasty food and not pleasant company.

Dukey,

Thanks for making me laugh for the first time in a very long time.