Hi I’m hoping to get some advice from those who have filed for divorce. I separated 13 months ago. I’ve spoken to my ex about filing a joint application to avoid having to appear in court. One question asks the separation date (which he’s agreed to in an email with a “I guess so”) and this is the date I physically left our family home and signed a rental agreement elsewhere.
However, it asks if each party agrees that they believed the marriage was over on this date.. he didn’t (and still doesn’t) want the marriage to end so I suspect he will enter a new arbitrary date on his side. What happens in these situations? Will the joint application still be accepted and what date will they consider using? There wasn’t anywhere to note why we believed it was over on the dates we state. I really don’t want to risk the court rejecting the application because of different dates or extending the time I need to wait as emotionally it’s all doing my head in. I haven’t yet started settlement because I know he’ll get nasty and he would refuse to sign the divorce paperwork.
There’s been no relations between us since I left or any talk or reconciliation on my side. I was completely done. No other parties involved but I have met someone in the last few months. He however, started seeing someone else weeks after I left (didn’t work out) but he doesn’t know I know this. If he notes a different date am I’m better just filing a sole application and discussing it in court? I can check with my solicitor but it’s getting costly and I’d hoped someone may have been in the same boat - very grateful for any advice you can provide!
4 Replies
I did a sole application, honestly it was like ten minutes in court, very quick.
I would do that, then you know everything is okay and you will be approved.
I didn’t use a solicitor, I filed it all myself and got my mother to serve him.
I’d also just do the sole application. It’s very very easy. It’s really a rubber stamp moment. Try not to stress about it.
You might be overthinking it. What a waste of his time and money putting in a different date. Even if he doesn't really want the marriage to end, seperations and divorce are stressful, most people just want it over and done with even if they do regret the marriage ending. Plus you have proof of physically leaving. I don't think you have anything to worry about!
I did a sole application myself, was a fairly easy process. Instead of going to the courthouse I did it over the phone.