Dear All,
After a bit of advice regarding a recent
divorce petition that I've found out today in the post has been, I believe, refused.
In March this year I filed for a Divorce Petition. The Respondent, as I imagined, didn't reply and so a Court Bailiff was acquired via a D89 to serve the Petition.
The court bailiff attempted to do this over 10 times, from 06:00 to 19:00 on various days of the week. He's 100% confident the respondent was in (he saw movement), just that they were refusing to answer the door.
That whole process has taken from March 2011 till last week, where on Tuesday, I went to my local court, filled out a D11 and D13b.
The D11 asking to issue the respondent with the Petition at their place of work, or, if the judge thought that was unnecessary to go ahead with the dispense of service (the D13b).
Today, I receive a letter which reads as follows:
The judge has considered your D11 and D13B applications and has stated that there is no point in considering dispensing with service because the Petition is not likely to result in a decree. The ground for divorce is the Respondent's unreasonable behavior but paragraph 13 does not make any specific allegations against the Respondent, it just seems to be confirmation of the parties' incompatibility.
The reasons I gave, in March 2011 were:
ÿConstant disagreements connected with household affairs,
Constant arguing with financial affairs,
Total inability to manage or resolve situations from either party,
Differences in personal future goals,
Incompatibility and inflexibility,
Petitioner left
matrimonial home in November 2009
I don't see how a judge can say we're just incompatible based on the fact that we had constant arguments (as stated), couldn't resolve differences (as stated) and that I left the home (in Wales) almost 2 years ago and never returned.
Does this mean that I can not get a divorce and have to wait until November 2011 to enter a "2 Year Separation" one (which STILL needs consent) or can I make a plea against the judges decision or amend the petition to be re-served?
I don't really want to say it, but I have to; I can't stand the woman, she made my life an entire misery, I've not heard from her since I left, no phone calls, anything, yet I'm trying to get a divorce but someone says I can't.
Any advice would be really appreciated.
