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Second Petition

Posted by Divorce7777 
Second Petition
September 13, 2021 02:34PM
I received today a divorce petition based on five years separation.
However, I issued a while ago my own petition based on two years and it was stayed per court order.
Now confused if the latest petition will go ahead, and if not, at what stage I will notice it?
Re: Second Petition
September 13, 2021 03:02PM
Apologies, found more paperwork just to add to confusion.
Ex issued another petition at the same time as my first one, and it's stayed too.
Re: Second Petition
September 13, 2021 05:39PM
You will find out whether the latest divorce petition has been successful when you receive notification from the court that it is satisfied that your wife is entitled to decree nisi. It may be months before you know that.
Re: Second Petition
September 13, 2021 06:42PM
David, thank you for the response!
This petition sounds straight forward and was served just after the separation anniversary. Though I agree with the date of separation, some time later she moved back in, and we lived together for another two months.
Will it affect anything if I bring it up in my response to petition? Or by the time Nisi is considered, these few extra months are up anyway and all good?
Re: Second Petition
September 13, 2021 06:53PM
>>Will it affect anything if I bring it up in my response to petition?

It will, yes. It will stop the divorce because you were not separated for five years at the time the divorce petition was issued.

>>Or by the time Nisi is considered, these few extra months are up anyway and all good?

That would be irrelevant. The facts to found the divorce must exist at the date of issue of the petition. That the facts may exist some months later would not retrospectively validate the petition.
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