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Online divorce & contested divorce...

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16 Apr 10 #198608 by free2b
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Has anyone used the online legal services such as the National Family Law Practice in a divorce that is not straight-forward?

I have contacted them and have been advised that things would be very complicated for me because my husband would be contesting the divorce. I have 3 children and we own a property. I would be filing a Petition on the basis of unreasonable behaviour and I know that I have grounds for divorce but I also know that my husband will not agree to anything, especially when it comes to arrangements for the children and the house.
I have seen they are offering a new fixed price for contested divorces.
I already went to a private solicitor and had to pay £500 on my first visit but have not been able to move forward as she told me that the divorce might reach around £20,000 (worst case scenario)due to potential complications. I have no assets and no savings (and do not qualify for Legal Aid but my husband would) and was told that because I would not be able to pay for the divorce, she could not agree to represent me. As a result, I have lost £500 :( . If I had known before, I would not have approached a solicitor.

Would an online firm be advisable/suited for me?
If not, I am feeling stuck...

Thank you for your help.

  • Elle
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18 Apr 10 #199001 by Elle
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freetb,

I have no knowledge or experience of online divorce but have experienced sols whom want cash up front to then tell you...dearie me this is mess and will cost xyz to proceed, worse...some did not want to proceed after taking xyz...in the end I self repped and found it was not impossible or inded was not as bad as predicted... ahh hindsight ;)

If you post the info in the following links, peeps can give you input regards possible outcomes...

www.wikivorce.com/divorce/Divorce-Advice...G-IN-THIS-FORUM.html

E

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18 Apr 10 #199006 by wikivorce team
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Free2b

Don't confuse a contested divorce with contested financial settlement.

Your first step is the contested divorce, and online providers cannot do this for their normal low price if it is contested as it is roughly twice or three times as much work.

It is perfectly possible to do the contested divorce yourself. The free divorce guide on this site explains how to Petition for divorce.

Ultimately you need to reach agreement on 4 things:

1) Agree to end your marriage and get divorced
2) Agree on the reasons to give (eg Unreasonable Behaviour)

3) Agree on child residence and contact
4) Agree on finances (house, pensions, maintenance)

If you cannot agree 1 and 2 you have a contested divorce, and the usual advice is to try and agree as there really is no point fighting over the reasons for divorce, as their is nothing to gain and it wastes time and money.

If you cannot agree 3 then you need to use mediators or the courts to get to an agreement on child arrangments. Can cost several to tens of thousands.

If you cannot agree 4 then you need to use mediators or the courts to get agreement on finances. Can cost several to tens of thousands. It is this service which NFLP now offer at a staged fixed price. Click the banner ad below each forum post for more details.

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24 Apr 10 #200367 by free2b
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Hi Elle,

Thanks for your reply. My solicitor actually told me that I should consider representing myself because it would cost me less...lol...
I find the whole prospect a bit daunting especially because my husband would probably be represented by a very good friend of his who has more than 25 years experience and I would feel a bit 'small' compared to him.
You say it can be done, I could try but because of how complicated and nasty it is likely to get, I am not sure it would be that easy.

Thank you anyway and I'm going to follow the link you've given me for more advice.

free2b (when...am not sure...but hopefully sooner than later)

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24 Apr 10 #200368 by free2b
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Hi,

Thanks for your reply, it was very clear.
I know for a fact that my husband doesn't us to get divorced but I'm hoping he will agree to it eventually.
It is also sure that he will not agree on child residence and contact as he will want to have custody as well and will not agree to the selling of the house. What you said corroborates what the solicitor told me in terms of how expensive it might be.
I think I will contact NFLP again to understand better what they are offering.
I am probably a bit unsure as I don't know anyone who has had online solicitors and I would have liked to read feedback from people who divorced in this way and for whom it wasn't straightforward.

Thanks again.

free2b

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25 Apr 10 #200491 by MontyPython
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Free2b,
I have taken the solicitor option at £249 with NFLP under grounds of UB against my stbx. I was expecting him to contest because he told me his behaviour is "perfect", his words.
Read some previous posts about contested divorces as I did, it seems that few are contested but I know that doesn't stop the stbx threatening to contest. My stbx only stopped the verbal abuse when he accepted that it will cost him alot of money to contest.
You may also wish to consider what reasons to put as UB, if you can agree what would be acceptable to him, there are posts on this too.
I am at the next stage, the Consent Order (extra £), this is the stage where we don't agree, and it could cost us in the region of £20,000 EACH. The solicitor has to inform you of all the costs.
Maybe you need to find a solicitor who gives free initial consultation before you decide which route to go down. Write down all your questions and ask for all the costs (court fees are not usually included, so factor these in).
Good luck, keep reading and posting questions.
Supercali xx

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25 Apr 10 #200535 by free2b
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Thanks Supercali, will be sending you a private message.

£20,000...

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