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aliwin
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aliwin is offline  
Location: Birmingham, england
Joined: Jul 2009
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13-11-2009, 12:03 PM

Divorce advice needed please!

I have been separated from my ex husband for 3 years now and in Feb this year started divorce proceedings. There has been hold up after hold up and I am getting quite fed up! Ex told me 2 months ago that he had returned forms to the court agreeing to it all but I've heard nothing. So I rang the court today and they said they had received nothing from him. I now have 2 options reissue all the paperwork or send out the bailiff to him. I phoned ex to ask if he sent it recorded delivery or had proof of posting, he says not just sent it normal post. I told him what the options were and he just laughed at me sending the bailiffs.

I have tried to keep all this amicable as we have 3 kids and don't want them to dragged into a horrible situation. My current partner says that ex knows this and plays on it.

So my question is what would you do? Show him I really do mean business and risk the fall out or try and keep it pleasant and reissue everything?

Any thoughts appreciated thanks.
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Hali
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Location: Scottish Borders
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13-11-2009, 12:35 PM
well I've been lucky enough never having to go through this. But I do think it sensible to try and stay civil for the sake of the children.

What I would do is get the forms again but tell him that rather than him sending them off, you will collect them from him (I assume you have contact due to the children) and send them off yourself.

I'd ask for him to return them to you in a week's time...if he didn't, I'd tell him that he had one further week and then you'd have to get the bailiff involved as you really do want this all sorted. If he failed to do it then, I'd follow through with the bailiff.

Hope you get it sorted soon. x
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Hevvur
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Location: Preston, Lancashire
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13-11-2009, 12:41 PM
Your ex sounds like my ex.
He said he had sent the papers back, but the courts got nothing.
I got the courts to re-send them, and again, he didn't send them back.
I paid for the bailiffs, they went, and he still hasn't signed or sent them back
It's been going on since August 2008.

Even sending the bailiffs won't guarantee the signing of the papers unfortunately
Plus it's more money.

If he won't sign it, and you can wait another 2 years, I think thats when you can just get the divorce anyway.
Might be less if you've been split up for 3 years already.
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Helena54
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Location: South East UK
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13-11-2009, 01:02 PM
I agree, and if you can't get over to his to collect them, tell him to send them to YOU, and that way, you will know that the court will get them this time, and if YOU don't receive them from him, then your current partner is right, he's playing on it! Good luck, I know this must be a nightmare, but thankfully, I haven't been there and wouldn't want to from what I've heard from some of my friends
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ClaireandDaisy
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Location: Essex, UK
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13-11-2009, 01:20 PM
It sounds like you need to change your solicitor TBH. Mine was excellent and really chased my ex. He even employed a private detective to track him down and finally just went to Court and pleaded with the judge to give me the Divorce even though the paperwork wasn`t signed by my ex because he was trying to avoid paying maintenance.
This isn`t something you should be doing on your own. It needs to be handled by your legal representative.
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bens mum
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15-11-2009, 10:43 PM
i was on legal aid for my divorce. and my solicitor had said if he contested the divorce he would have to pay all the cost. mine as well as his. he signed.
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Shona
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16-11-2009, 10:59 AM
I never undestand why men or women do that, lets face it, when its over its over, its such a childish thing to do,

good luck I hope you get this sorted without having to set sparks flying, but I fear that choice is really his to make, hes either going to play fair or hes not.

men eh.
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