how long divorce does it take?

[maxmelion]

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?

[askmeplz82]

http://www.sharingpensions.co.uk/stepbystep_divorce.htm

[maxmelion]

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

[Amber]

See also, Ending a marriage

[maxmelion]

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

[askmeplz82]

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

all depend on the court. you have to remember some courts very busy

[maxmelion]

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 .

[357mag]

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.

[maxmelion]

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?

[357mag]

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.

[maxmelion]

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

[CR001]

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

[Nimitta]

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

[maxmelion]

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

[Miracle need]

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.

[357mag]

The petitioner pays the fees but may be able to claim financial aid if they have a low income.

[Miracle need]

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.

[Casa]

No they can't and blackmail is a criminal offence.

[357mag]

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.

[Miracle need]

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

[Casa]

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?

[maxmelion]

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

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?

[maxmelion]

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

[UKBA HUNTER]

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.

[maxmelion]

So is tht gona effect my ror nd my pr?

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.