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My ex filed a D10 form defending. Wot nxt?

  • svb
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12 Dec 11 #301793 by svb
Topic started by svb
Please help...
I filed for divorce on 3rd March 2011- Two years with consent. My ex went back on his word and refused to acknowledge or give consent.
I met my new partner- The ex became a pain/abusive.
I filed an amended Petition on october 2oth 2011 for unreasonable behaviour. Again no D10 so I applied for deemed service of original/amended petition and got it November 23rd 2011.
I telephoned the court to progress as undefended with Directions (for nisi). The court said they have now received the ex's D10, he is defending it!
The D10 is dated 17th August 2011 for receipt of petition (so no mention of amended October 2011 petition). He objects to allegations and wants me to pay costs.
Is the 28 days for him to file an answer from date of petition receipt or from the date of filing it? He dated receipt of divorce petition 17/8/2011. Signed the D10 on 20/11/2011 and to add to confusion his solicitor representing him dated it 20/10/2011!
All so confusing and unnecessary as we have no finances or kids to argue over.

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12 Dec 11 #301814 by dukey
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He has 28 days from receiving the amended Petition to provide the answer ie the reasons for defense, after that he needs a judge to agree, this does happen especially when he/she has no solicitor, the fact is the defense will fail, it's that simple.

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13 Dec 11 #301994 by svb
Reply from svb
Thank you for replying.
My ex does have a solicitor, I don't.
When he has filed his answer does a judge look at it and decide if he has a case before going to a hearing then?

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