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divorce denied! what to do now?

  • charlie22
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02 Sep 09 #143180 by charlie22
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i had filed for a divore under the grounds of 2 years separation and respondent consents- to my huge shock the judge has denied the divorce stating:
'please note that district judge berry having considereed the evidence filed, is not satisfied that the petitioner is entitled to the decree sought, because:
"it is far from clear from the answer to question 6 that at the date the petition was filed the parties had been separated for a continuous period of 2 years immediately before filing of the petition"

Basically, we split up on 1 june 2006- moved into separate properties, but got back together for a period of several months- we were still living apart though- we split again for good in may 2007. i applied for the divorce in march 2009.
Looking back i should not have said we got back together but i thought it would at least show we had tried and it def wasnt working, also- the ground i applied under just states that you must be able to prove you have been living apart for a period of 2 years and the partner must consent- and those both apply. Why on earth the divore would be denied when we both want it is beyond coherence!

The letter i received from the court stating the above said nothing more- no form asking for more information or asking me to go to a court hearing- WHAT DO I DO NOW?
I spoke to several people, solicitor, clerks at the court- and was told the best thing to do was to file again (costing another £300!) so i have but now i have received a letter, returning my new petition- saying i first need to apply to the courts to dismiss my first petition- HOW??
PLEASE HELP, I AM SO FRUSTRATED.
BOTH MYSELF AND MY EX ARE BOTH NOPW IN LONG TERM RELATIONSHIPS AND BOTH WANT THIS TO BE DONE WITH.

  • enliven
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02 Sep 09 #143186 by enliven
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Good grief. I intended using the 2year separation too, but as we are separated under the same roof, I'm rethinking it now. Apart from my H agreeing, I wouldn't be able to prove it.

I'm sorry to be of no help, it must be so frustrating for you.

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02 Sep 09 #143203 by charlie22
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it is! it's just so ridiculous, we both want the divorce so i don't see why they would deny it- they're not going in favour of either of us!

  • Ephelia
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02 Sep 09 #143207 by Ephelia
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What's your solicitor's explanation and what does s/he suggest is the remedy?

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03 Sep 09 #143395 by charlie22
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i don't have a solicitor, i'm doing it myself- although now i wish i wasn't!

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03 Sep 09 #143399 by colours
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I think you can live in the same pproperty but be separated if you dont have conjugal relations. Or live in separate properties but not be separated. Best would be to apply on UB grounds - this can be anything really and does not require proof.

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03 Sep 09 #143400 by Ephelia
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I think the poster needs to know how to do what the court has asked him to do and dismiss his first Petition.

I don't think its said it won't consider the new 2 year separation one, just that it can't until the first one is dismissed....

I'm afraid I don't know the answer to how to dismiss the first one... but I'm sure someone on here must...

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