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D8 FORM

  • lionel
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19 Feb 11 #252908 by lionel
Topic started by lionel
Hi am just filling out my D8 form, its going OK but "THE PRAYER" bit is doing my head in.

1/ Are all these 3 forms needed I.E. one for me one for her and one for the courts - or have they given me 3 incase I muck one up ?

2 / Weve been separated 2 years and PART 13 requests "brief details" but she,s never really explained why we split - she just sort of went off me , can I put that ??

3/ THE PRAYER PT1 THE SUIT ???, Both options will do as far as I,m concerned I.E
That the said marriage will be disolved....
OR do I write in that "the Petitioner be judicially separated from the respondant" Both will do as far as I,m concerned, weve been separated for 2 years, so which do I PUT??
4/ THE PRAYER PT 2 COSTS, I think were going halves - so what do I put ?.

  • LittleMrMike
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20 Feb 11 #252917 by LittleMrMike
Reply from LittleMrMike
Since this seems to be doing your head in, I will reply briefly before I depart for another kind of prayer !!

So then :

1. You need to send the Court one copy of the Petition and one extra copy for each party who needs to be served. So if there were a co-respondent you'd need three. You really must keep a copy of the petition for yourself.
2. You only need to say you are separated, you don't have to explain why.
3. Hang on a minute, divorce and judicial separation are different things. A JS leaves you still married but without any obligation to cohabit.

If you want to end the marriage then you ask that the marriage be dissolved.

4. I personally would claim costs in the petition but you need to let your wife know that, whatever it says in the Petition, you will stick to your agreement to share the costs equally, which is consent cases is quite normal. Do this before she gets the petition, because sometimes a claim for costs can upset the apple cart.

Is your head a little clearer ?

LMM

  • dukey
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20 Feb 11 #252926 by dukey
Reply from dukey
This is the standard text for section 13,

On (date) the parties mutually agreed to separate.

ii) The parties ceased sharing the same property on (date).

iii) The Respondent consents to the divorce.

iv) The marriage has irretrievably broken down.


For costs "costs of the suit will be shared equally between the Petitioner and respondent"

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