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husband refusing to acknowledge divorce

  • ellis
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08 May 08 #21881 by ellis
Topic started by ellis
Hello

I have been reading the forums for a while now, and found them very interesting. here is my story, i would appreciate any advise please, as i just dont know what to do.

I have been married for 12 years, my husband is an alcholic, but is in denial. refuses to work, and spends his days in a drunken stupor.

I left the marital home with my two young children 8 weeks ago, due to his violence towards me, the police were involved, and they advised me to leave otherwise my childen will be under the care of the social services. of course i took immediate action.

My problem is...
I am living with my elderly parents, which just isnt suitable, husband is living in the marital home. I am paying the mortgage on the house as I dont want the property to be repossessed. My husband is refusing to accept divorce and wont sign any papers.

I need to get the property sold, finances sorted. so i can move on with my life. but as he is living in comfort free of charge, he is in no hurry to move the matters forward.

I have been told by my solicitor that i can have an order put on him, but the costs for that will be in excess of 4k and will only last 6 months.

is there anything i can do to resolve this problem, and move my life on, for both my sake and the childrens sake.

Thank you for reading this post

  • Fiona
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09 May 08 #21969 by Fiona
Reply from Fiona
When reasonable attempts, including using court bailiffs to serve the petition have failed the courts can dispense with service. If the Acknowledgement of Service is not returned you may ask the court for directions and the judge can grant an order a decree.

Sorting finances may take anything from 3 months to a year or longer if you go through the whole process and the other party is dragging their feet so it might be worth considering an Occupation order. They can be renewed after six months.

  • mother_of_two
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09 May 08 #21984 by mother_of_two
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Hi,

I was in a very similar situation 2 u & i just upped and left 1 day with my 2 kids. My husband also was an alcoholic, that was unemployed. I did get the court order taken out against him and it cost around £1000 for that order...but it was of no use, as if he breached the order and came to my parents house where i was staying or rang my parents house i was told to ring the police. My husband did not break the order, as he also has a criminal record & can't afford to get into trouble again. My advice to u is to just ring the police if he turns up or tries to hastle u, ur kids, or ur family. My husband also did not return his acknowledgement of the divorce, so my solicitor asked the judge to grant a nisi based on the fact that my husband's solicitor talked about the acknowledgement & divorce in some correspondance. I am now waiting for my disi date which is the 12th of May(ive bin countin down the days). My problem now is that i have a date for an FDR hearing (late July) & my ex is supposed to be selling the marital home that he lives in, but i have heard that he has trashed the house in a drunken stupor....so im not sure where that leaves me or to what extent it has been damaged.

Sorry, to go on a bit....hope my story helps:cheer:

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