From Inspiration to Uhhg!
A little background...
My boyfriend (respondent) had a case conference last Friday whereby he asked and was awarded an order to sever the divorce from the corollary issues.
HOWEVER, because of bad legal advice (and being self-represented), he failed to make a claim for a divorce on his 'Answer' (Form 10).
He was told today that he will need a letter of consent witnessed and signed by both himself and the Applicant in order to submit an amended Answer. So far, the applicant refuses even though the order to sever is still valid...he just needs the claim in the courts!
If she refuses, does he need to file a motion and what is that process like? How long till it will go through?
Also, they will have been legally separated for 1 year this Feb 15. How wise would it be IF he were to apply for divorce even as the original case is in the courts? He was told that the cases would be heard separately and would take longer. Is that true?
A little background...
My boyfriend (respondent) had a case conference last Friday whereby he asked and was awarded an order to sever the divorce from the corollary issues.
HOWEVER, because of bad legal advice (and being self-represented), he failed to make a claim for a divorce on his 'Answer' (Form 10).
He was told today that he will need a letter of consent witnessed and signed by both himself and the Applicant in order to submit an amended Answer. So far, the applicant refuses even though the order to sever is still valid...he just needs the claim in the courts!
If she refuses, does he need to file a motion and what is that process like? How long till it will go through?
Also, they will have been legally separated for 1 year this Feb 15. How wise would it be IF he were to apply for divorce even as the original case is in the courts? He was told that the cases would be heard separately and would take longer. Is that true?
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