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I am glad I have found this forum and hoping to get some advice if possible. My married life broken apart with my ex on 2015 and I moved out of the house on January 2016. Since then I was regularly making contacts with my children and paying for their expenses etc. I started a new relationship with my current partner as well. On Jun 2017 I applied for a divorce but my ex asked me to withdraw the application since she wanted to be the petitioner saying its easier for her to put terms and conditions regarding the child custody and payments etc. on the form.She approached me through my elder brother who convinced me to do so. Consequently I withdrew my application and agreed to pay for the court fee and her solicitor fee too. She made the application on the basis of unreasonable behaviour and also put conditions that I am to see the kids only under her supervision at her house ( she doesn't like my current partner) stating that kids are unsafe due to my alcoholism and things which are totally rubbish. However I agreed for those terms since I thought going mutual is the best for children's future and I did not want to mess up their stability by further arguments. The divorce was filed on August 2017 and decree nisi was granted on 22nd of December 2017. The time period to apply decree of absolute started from 1st of February but she has not applied for it yet. My solicitor has written and spoken over the phone numerous times to her solicitor but they are keep on saying that they are waiting for response from my ex in order to apply for absolute. She has also moved to another city which is 250 miles from where I live as she has found good new job there. I am still making payments and has regular telephone contacts with my children as well. When I texted her many times asking when she will apply for the absolute my texts are completely ignored and this has become complete dead end for me as I have new born baby with my current partner and planning to remarry and start a life but cant do so without absolute. I am aware that I can apply for absolute 3 months from February which is end of April but what are the chances that will get rejected? Sorry My solicitor is not the best in the world and he hardly deal with family law and mainly immigration only. He does not have much answers to my questions but he was one of my friend and charged me much less than other solicitors I dealt with but now I regret doing that. I will much appreciate any advice or anyone had this sort of experience in the past. Thank you very much in advance.
I don't see any reason why your application should be rejected unless your ex objects, and it would be rather strange for her to do that, since she applied for the divorce in the first place. I would stop asking her now (and presumably adding to your solicitors bill every time you do) and just apply for the absolute when you can. It' possible your ex might do it anyway just beforehand - this could be her way of keeping some control over you.
Hi There,
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As actd has said there is no reason for the absolute to be challenged if you apply end of April, she would need to come up with some strong reasons to make that happen and as already said as she had applied for divorce then I can't see her being able too.
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There is nothing stopping you from using a different solicitor now for some help in the final stages, you have managed to keep the bill low by using a friend until now but if you want some legal advice you could book an hour with a family law solicitor to get some answers and ease your wory.
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GTTS
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