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Dismissing divorce petition

  • Johnny5
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29 Jun 22 #519527 by Johnny5
Topic started by Johnny5
I have been trying to find some information about dismissing my wife's devorce pertition she submitted around 4 years ago.
this was put in most lightly in anger and she named a person I was not in a relationship with and then demanded I pay all the costs including her legal bill.
Needless to say that didnt progress anywhere.
We have been separated for 5 years now and I want to put my own pertition in and get the devorce done with reading on the gov website I can put my own in if the first one was submitted before 6th April 22 ?
or am I reading this wrong?
Or do I need apply to have her original one dismissed first if so what grounds can I use if any ?
any help please

  • hadenoughnow
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02 Jul 22 #519544 by hadenoughnow
Reply from hadenoughnow
AFAIK a divorce petition on adultery grounds could only succeed if the adultery was admitted in the acknowledgement of service. If it is denied the petition fails. Did you complete an acknowledgement of service??
I don't think all 'live' petitions have been cancelled by the new process.
I would check with the court where it was issued to ascertain if it is still active. If it is, you could apply for it to be dismissed and start again under the new no fault rules.
This site offers low cost legal support with this kind of thing. You could book a call to discuss.

Hadenoughnow

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02 Jul 22 #519549 by Johnny5
Reply from Johnny5
That's helpful information thank you.
No I never responded to her pertition in any way and it was about 4 years ago now I think I will do what you suggest and call the court to find out

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04 Jul 22 #519562 by Johnny5
Reply from Johnny5
Just a quick update
I called the court today and was told I didnt need to dismiss her earlier pertition I can just submit my own one
Thanks for the advice Hadenoughnow

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