Try again, my msg didn't submit? Amended petition

I just posted a message but it doesn’t seem to have been posted correctly??

My basic msg was that my husband sent in a petition on grounds of AD, the DJ was unhappy that the Co-R named had not provided any evidence, despite the fact I didn't contest it, and that my husband should re-apply. So husband has now had the papers amended which now say the Co-R is now unknown/unnamed. From anyone’s experience, does this actually work? Surely the DJ will know my husband named the Co-R in the original petition?

Hi SB1982,

There doesn't have to be a named co-respondent in a petition for adultery.

I don't understand what you wrote about the co-respondent named not having provided any evidence.

A reapplication shouldn't be a problem.

YA

Had I done the divorce I wouldn't have named the co-respondent as I realise this has made it a longer process now.

However because my husband named him and the DJ didn't have any reply from the co-respondent he refused the Nisi as he apparently needed a response in order to issue it.

This was the only issue with our divorce and had he not been named we would have had the Nisi 2 weeks ago. Now I find it hard to believe that he can approve an amended petition for Nisi when it says co-respondent unknown/unnamed when the original petition said his name?

Or will the DJ now ignore the original petition?

HI SB1982,

An application for a nisi cannot proceed if the respondent, or a named co-respondent, hasn't acknowledged service or it can't be proved that they have received it.

If your husband withdraws the original application, teh situation is as if the petition for divorce had never existed so it will be ignored.

There really is no practical point in naming a co-respondent. I named the co-respondent in my divorce and although it certainly made me feel better at the time I later wish I hadn't bothered. The fact of adultery is far more pertinent than another person's name.

Kind regards,

YA

So is it just the original petition that is ignored or the whole divorce process, so we have to start from scratch with this amendment?

Thanks for your answer by the way most helpful

Hi SB1982,

The divorce process starts with the petition, so with the withdrawal of the original petition the whole process starts again. However, it may be possible just to amend the petition and so avoid having to pay another court fee.

I am afraid I don't know the details of what may constitute an amendment and what would require a re-application. Perhaps someone more enlightened may comment?

YA