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Amend & Resubmit Petition

  • Cherrybomb
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03 Mar 11 #255146 by Cherrybomb
Topic started by Cherrybomb
Advice needed, we are currently managing our own divorce as we are still amicable and have no children.
I am the Petitioner and my original Petition was refused as the judge didnt think there were sufficient grounds.
I did what I thought was correct and filled in a form to which my understanding was to arrange and then attend a hearing in front of a judge to further clarify reasons.
After much hassle on the day to actually get to see a judge, she said I should have addressed the judges questions (as to how she didnt say) and that the grounds I had stated where insufficient (unreasonable behaviour, as in no common interests, no intimate relations, no communication).
She has granted permission to resubmit the Petition, by crossing out in red pen what I had previously written and re-writing in the new grounds. She strongly hinted that as we both have new partners (having been separated nearly a year) that we go for adultery. We have decided to do this for ease.
I just dont want to fall into the same trap again having not completed everything, so my question is do I have to produce another affidavit? She didnt request this. I was going to do as she asked and attached a letter of explanantion to the front??

  • escaped
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03 Mar 11 #255163 by escaped
Reply from escaped
hi

I'm sorry i don't know the answer to your question but I am interested in the procedure you went through from submitting your first Petition to amending it.

My stbx has had his petition for adultery, with a named co-respondent refused for lack of evidence, he could only provide 2 pieces and they wanted 3. this was over a year ago.

I have asked for the petiton to be amended so that the co-respondent's name is taken off and then the divorce can go through - but either my stbx refuses to do this, or his solicitor is telling mega fibs in saying that once a petition has been submitted to the court it cannot be amended.

I think that of course it can be amended, otherwise there will be no divorce ever.

So, could you share with me the process you went through, and how much it cost you to amend and resubmit the Petition, if you don't mind.

hugs
escaped

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