ONDIVORCE GENERAL AND CONTACT MESSAGEBOARD
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Subject: can he start proceedings
Posted By kate594 on 10-12-2009
My partners estranged wife began divorce proceedings in Feb this year, my partner received the paperwork and returned it to the court and he is not contesting it. Since then we are still waiting for her to send her affidavit to the court so they can set a nisi date, my partner rang her solicitor and was advised that 'on looking at the file she can now see her client has not signed the paperwork so she will get her to call in and sign', this was 3 weeks ago and my partner has still not heard anything and is getting fed up of waiting. Can he start dicorce procedures on her, to save the wait as he feels she will not sign hers now, she was divorcing him on the grounds of 2 yr separation, but it is now 5 years that they have been separated, or is there any way he can 'hurry her up into signing'. thanks for any advice.
Follow up comments
Added By Kat007 on 15-12-2009
I believe that if she hasn't signed the paperwork then the court can not issue a hearing date for the nisi to be granted, so I think he can start proceedings himself, get him to ring the court house to find out rather than have to pay a solicitor they will tell him if she has started proceedings yet and if not he can.
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