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how long divorce does it take?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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maxmelion
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how long divorce does it take?

Post by maxmelion » Thu Feb 20, 2014 11:29 pm

Finally i applied for petition of divorce my eea wife after beeing treated bad past two years . So any1 knows how long i have to wait for that petition step?

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Re: how long divorce does it take?

Post by askmeplz82 » Thu Feb 20, 2014 11:34 pm

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maxmelion
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Re: how long divorce does it take?

Post by maxmelion » Fri Feb 21, 2014 4:27 am

I read that but it doesnt say how long i have to wait after apply for petition of divorce .

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Re: how long divorce does it take?

Post by Amber » Fri Feb 21, 2014 7:41 am

**this forum is not intended to be a substitute for professional advice**
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Re: how long divorce does it take?

Post by maxmelion » Fri Feb 21, 2014 10:38 am

Have seen it . No1 has divorced telllin me after aply for petition how many week ge has wait answer from court ?

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Re: how long divorce does it take?

Post by askmeplz82 » Fri Feb 21, 2014 2:49 pm

http://www.justdivorce.co.uk/how-long-our-services-take

all depend on the court. you have to remember some courts very busy
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maxmelion
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Re: how long divorce does it take?

Post by maxmelion » Fri Feb 21, 2014 3:56 pm

I want divorce asap bcos my wife looking for new job so want divorce while she is in tht workn. She been work in tht job for 7 years so its would be easy for my retain right specily she is not gona help me .

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Re: how long divorce does it take?

Post by 357mag » Fri Feb 21, 2014 7:13 pm

It depends on whether she signs and returns petition or not. If she does not its can take a few more weeks for evidence of service.
When service has been proved you have to wait for judge to sit to issue decree nisi then another 6 weeks till you can apply for decree absolute.
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Re: how long divorce does it take?

Post by maxmelion » Fri Feb 21, 2014 8:24 pm

357mag wrote:It depends on whether she signs and returns petition or not. If she does not its can take a few more weeks for evidence of service.
When service has been proved you have to wait for judge to sit to issue decree nisi then another 6 weeks till you can apply for decree absolute.
Ye but i applied for petition so how they will send mu ex letter to agreed or refuse the divorce?

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Re: how long divorce does it take?

Post by 357mag » Sat Feb 22, 2014 12:26 am

Yes but if ex is going to try to be nasty they will not sign it and send it back. It then needs to be proved that they received it, either delivered by bailif or solicitor or deemed served all of which will cost you more and take more time.
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Re: how long divorce does it take?

Post by maxmelion » Mon Feb 24, 2014 9:35 pm

We have agreed for divorcebso she will sign as soon as court respond my petition . But how long court respond my petition ?

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Re: how long divorce does it take?

Post by CR001 » Mon Feb 24, 2014 9:43 pm

It varies depending on how busy the courts are, anywhere between 2 and 3 months on average till the decree absolute is issued.

https://www.gov.uk/divorce
Char (CR001 not Casa)
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Re: how long divorce does it take?

Post by Nimitta » Tue Feb 25, 2014 6:51 pm

CR001 wrote:It varies depending on how busy the courts are, anywhere between 2 and 3 months on average till the decree absolute is issued.

https://www.gov.uk/divorce
No way it could be 2 months. I would say, 3.5-4 months, provided the court is not busy and all documents the court sends to the future ex-spouses are signed and sent back to the court within 1-2 days (the petition, and later the application for the Decree Absolute).

1. you send your petition to the court. The court sens 1 copy to the respondent. 1 week later (if you are very lucky) you got the letter of acknowledgement saying that the respondent received the copy of your petition and you are free to send your application.
2. Petitioner fills in form D10 and affidavit, sends them to the court. The court finds a date when the judge can review your the application. Say, 3 weeks - 1 months since the date you sent the application.
3. On that date the judge looks through your papers and decides to grant you Decree Nisi (or refuses to do so). If yes, you got a letter saying that the court granted you Decree Nisi and you can apply for Decree Absolute 6 weeks and 1 day after the Decree Nisi was granted. So, another 6 weeks of waiting, and there is no way to speed up the process.
4. Suppose, you have your Decree Absolute application ready and send it exactly in 6 weeks and 1 day. If the future ex-spouse had no objection, now it is a mere formality. 1 week later or so the court will issue the Decree Absolute.

1 week+3 weeks+6 weeks+1 week = 11 weeks
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Re: how long divorce does it take?

Post by maxmelion » Wed Feb 26, 2014 12:08 am

Thnx mate but now i applied for petitio nearly month nd my eife didnt receive anything .

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Re: how long divorce does it take?

Post by Miracle need » Fri Feb 28, 2014 10:55 am

But who pay the £410 divorce petition court fee either the person who starting or the person who not start first. Normally who pay the necessary court fees and can either of the partner oblige/force other to pay. Kindly shed light precisely on it without directing to any other solicitor page.

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Re: how long divorce does it take?

Post by 357mag » Fri Feb 28, 2014 11:15 am

The petitioner pays the fees but may be able to claim financial aid if they have a low income.
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Re: how long divorce does it take?

Post by Miracle need » Fri Feb 28, 2014 11:52 am

Thanks for reply. But what type or how much court fee the partner who not started divorce may have to pay. Can the petitioner force/blackmail to other partner who not start divorce to pay all of its part of court fees.

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Re: how long divorce does it take?

Post by Casa » Fri Feb 28, 2014 12:37 pm

No they can't and blackmail is a criminal offence.
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Re: how long divorce does it take?

Post by 357mag » Fri Feb 28, 2014 1:14 pm

To mention blackmailing or forcing someone on a forum is not acceptible.

If I recall correctly there is a section of the petition where the petitioner can ask to reclaim costs from the respondant, but I think thats only for legal fees.

There is not only the £410 fee for the petition but also a fee for the decree absolute, and there can be a fee for service of petition. Also there is the need to sort out finances and the respondant could claim a share of the couples assets.

If you dont know what you are doing you should seek advice from a solicitor.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

Miracle need

Re: how long divorce does it take?

Post by Miracle need » Fri Feb 28, 2014 1:25 pm

Then whether the respondent is obliged by law to pay back the legal costs on petitioner's reclaim? Can respondent refuse to pay

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Re: how long divorce does it take?

Post by Casa » Fri Feb 28, 2014 1:55 pm

This discussion has now drifted way outside an immigration matter. Seek advice from a family solicitor or your local CAB
For the Original Poster maxmelion - have you been married for at least 3 years and living in the UK for a minimum of 1 year during that time?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: how long divorce does it take?

Post by maxmelion » Fri Feb 28, 2014 5:55 pm

We married 2008ago nd i moved to uk end of 2010
And i have been working in uk since 2010 full time job and my wife same . But the problem she is not gona help me but i jbut she is british citezen since 2012 but without apply eea3 .can i ask u question Casa PLZ?
as u know if eea lived in uk 5 years continuous without leaving uk more 6 month he or she automaickly got PR status so if i prove tht she is BR on 2012 by showing ukba tht the british citizen invition letter which they approvef her application( orginal )with photo scan of her british passport
Tht ok to prove she was automatickly PR after 5 years live nd qualify nd was granted BC.
Hope u got wat i mean




Casa wrote:This discussion has now drifted way outside an immigration matter. Seek advice from a family solicitor or your local CAB
For the Original Poster maxmelion - have you been married for at least 3 years and living in the UK for a minimum of 1 year during that time?

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Re: how long divorce does it take?

Post by maxmelion » Sat Apr 12, 2014 9:55 pm

My wife put in divorcing statment adultry plus she believr i use her to get visa to stay in uk
is tht effect my ror or pr plz need answer

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Re: how long divorce does it take?

Post by UKBA HUNTER » Sat Apr 12, 2014 10:33 pm

maxmelion wrote:My wife put in divorcing statment adultry plus she believr i use her to get visa to stay in uk
is tht effect my ror or pr plz need answer
court is an autonomous body more independent than ukba/visa/nationality authorities who need grounds of divorcing and adultery is one of them but its normally very hard to prove than the common grounds of unreasonable behavior. As far as using eu national for getting visa is totally irrelevant for divorcing for court and i donot think it fall in any one of the ground which is necessary for divorcing.
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maxmelion
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Re: how long divorce does it take?

Post by maxmelion » Sat Apr 12, 2014 10:37 pm

So is tht gona effect my ror nd my pr?
UKBA HUNTER wrote:
maxmelion wrote:My wife put in divorcing statment adultry plus she believr i use her to get visa to stay in uk
is tht effect my ror or pr plz need answer
court is an autonomous body more independent than ukba/visa/nationality authorities who need grounds of divorcing and adultery is one of them but its normally very hard to prove than the common grounds of unreasonable behavior. As far as using eu national for getting visa is totally irrelevant for divorcing for court and i donot think it fall in any one of the ground which is necessary for divorcing.

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