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History: Home UK Divorce Forum
Topic:
Wife who instigated divorce will not get things moving (3 Posts)
Started By:
Date:
09 March, 2017 03:30PM
Wife who instigated divorce will not get things moving
Denise - 09 March, 2017 03:30PM
My sons wife applied for and got a non molestation and residency order by complety making things up. My son believed he was in a happy marriage up until the 25th November. As can be imagined this caused him extreme stress. This order ends on 7th August but it means he is not allowed to speak, email, text her or "encourage" any one else to do so. Therefore nobody can ask her any questions. There are 2 children involved, 15 and 12 who are totally bemused by the situation. My son is residing with me and he sees his children 6 days out of 14. The children stay with us for those 6 nights. The problem is that he has done all the paperwork requested and signed all the papers but it is obvious that the house must be sold to pay the debts. However his wife has not done any of this and is now living in the house with the children but is making no effort to start the divorce proceedings which she has instigated. My question is what does he do next, so far he has spent in excess of £6000 with the solicitor and is loathed to keep asking for letters to be sent as this is just causing him more debt. He does not have enough money to find a place of his own and until the house is sold he cannot move on. Does anyone know what can be done
Re: Wife who instigated divorce will not get things moving
davidterry - 10 March, 2017 03:19PM
>>His wife has not done any of this and is now living in the house with the children but is making no effort to start the divorce proceedings

It is not absolutely clear what the situations is here but the implication of the above sentence is that she has not issued a divorce petition. If that is the case your son can issue a petition. Assuming that his wife has issued a divorce petition but she is not progressing it (and why should she because she is in the house and your son is not) then he can force a time tab;le by making a court application to get the financial issues settled once for all. That will also force her to progress the divorce if she has already issued a divorce petition.
Re: Wife who instigated divorce will not get things moving
Denise - 12 March, 2017 10:58AM
Thankyou
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