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-   -   Can my partner start a new divorce even though a petition has already been started? (https://www.askmehelpdesk.com/showthread.php?t=347887)

  • Apr 30, 2009, 01:25 AM
    Hannah Talman
    Can my partner start a new divorce even though a petition has already been started?
    Hello, my partner and I are getting married in October. He has been separated from his wife for over 5 years and they are going through divorce at the moment. The wife now won't sign the paper to get the Decree Nisi, we think she has found out that we are getting married and wants to drag her heels! Is there a way that my partner can start a new divorce without her consent and get divorced by October? I don't want this woman to ruin what is meant to be the happiest day of my life!

    Any help or advice would be much appreciated.

    Thank you so much
  • Apr 30, 2009, 07:01 AM
    stevetcg

    No. You can only file one divorce.
  • May 2, 2009, 12:25 PM
    cadillac59
    Quote:

    Originally Posted by Hannah Talman View Post
    Hello, my partner and i are getting married in October. He has been separated from his wife for over 5 years and they are going through divorce at the moment. The wife now won't sign the paper to get the Decree Nisi, we think she has found out that we are getting married and wants to drag her heels! Is there a way that my partner can start a new divorce without her consent and get divorced by October? I don't want this woman to ruin what is meant to be the happiest day of my life!

    Any help or advice would be much appreciated.

    Thank you so much

    It would help to know what state you are in. I'm sure it's not California because we don't use the term "decree nisi" here. If you were in California, you could file a motion for bifurcation and termination of marital status and probably get that granted when the case came up for hearing, which is usually around 5-6 weeks.

    So, in California you could do it. No problem.
  • May 2, 2009, 02:39 PM
    Fr_Chuck

    But the soon to be ex wife can file various motions and drag this out for months if they want to.

    So you may or may not be divorced by that date,

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