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„Unfinished” divorce

  • Apmenikt
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28 Aug 24 #523857 by Apmenikt
Topic started by Apmenikt
Good afternoon. I need advice/help. Married in 2009 in Poland. We both live in UK. Since 2016 separate houses/addresses. She applied for separation in 2018. Since then I asked her few times to apply for a divorce, as her being on UC could help reduce costs. She refused. I contacted court yesterday and found out that it was not application for separation, but divorce, to which she not „finished”. Been advised/told that first I need to apply to Judge to dismiss the case before I can send my own application. Form D11 requires me to provide details about her agreeing for this order, same as agreeing for court to deal with it without hearing. Court is in Ipswich, she lives in Bristol, I live in Bradford. She’s not answering to my messages about divorce, same as phone calls. Lack of communication is clearly caused by my steps to get the divorce. Is there a way for me to apply for divorce straight away, and if her case has to be dismissed first… can I somehow avoid attending a hearing? Thank you for and advice.

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29 Aug 24 #523866 by wikivorce team
Reply from wikivorce team
You options depend on what stage the original divorce reached.
If the application reached the Decree Nisi stage then you can apply for the Decree Absolute (using a D11 and D36).

If she never obtained the Decree Nisi then, yes, you need to get her divorce application dismissed first for "want of prosecution" - i.e. because she has stalled for too long.

You do not need her agreement to apply to get her application dismissed (otherwise she would be able to stall indefinitely).

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