Talk

Flip

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

divorce petition

4 replies

pinkkoala · 19/04/2013 21:06

I have returned divorce petition and statement of arrangement for dd back to sols, what happens now. Does it go to the courts or to stbxh first.
I am going for unreasonable behaviour as some ea, dv and loads of other issues.
I know he is going to go mad when he receives the papers

OP posts:

Report

STIDW · 21/04/2013 11:39

The petition is sent to the courts and served on the Respondent who then has 8 days to complete and return an acknowledgement of service. Generally speaking the allegations should be serious enough so that you can't be reasonably expected to live together, but not so serious that they inflame matters more than necessary. That may cause delay if the Respondent defends or cross petitions the divorce. Also it can make negotiations for the financial arrangements and children more difficult

Most often the acknowledgement of service is returned. If the Respondent is unhappy with the reasons they will sign agreeing the marriage has broken down but disagreeing with the allegations and reserving the right to defend them should they be raised again.

Sometimes the AoS isn't returned and the papers have to served again by a service processor. The service processor then signs a statement which can be used as evidence the papers were served correctly and the court can go ahead and grant the divorce.

Report

pinkkoala · 21/04/2013 22:25

Thanks for the reply.
What do i do if he goes mad, which he will, already acts of aggression in petition, aimed at me and dd.
I also dont want 50 50 residency, i work partime, and am main carer. He does nothing, doesnt work, doesnt provide for her, i pay all utilities, bills, food etc, basically he live he rent free but does nothing in the house either, i do everything.
What happens in that instance and also if he gets really nasty.

OP posts:

Report

STIDW · 22/04/2013 10:53

If he's aggressive you report it to the police.

What did you put in the statement of arrangements for children? If you can't agree between you either parent can apply to court for an order to regulate contact/residence. The courts would then consider a list of factors in the Welfare Checklist (google s1 Children Act 1989) including the background, the effects of any change and who is best placed to care for the children. 50:50 shared residence isn't ordered that often ad most shared residence orders are in different proportions.

Report

pinkkoala · 23/04/2013 21:02

The sols has my petition and we are sorting a fee remission form out, i dont earn enough to pay all the fees i think. Anyone know if i have to pay anything, would like to be able to budget rather than getting huge shock.
Statement of arrangemdnt i requested she lives with me but i wouldnt stop calls or planned visits.
I do all the day to day care for her now.
At the moment he wants to make things as difficult as he can, he wants me to have nothing and will drag me through the courts to have dd.
He currently doesnt work and lives heptpe while i pay everything and he just helps himself.
Can anybody help me with any info.