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Our Trial Separation Is Leading To Divorce, What Can I Do?

Date: April 4th, 2014 - Written by: Brookman Solicitors

Trial SeparationClient Question:

My husband and I split up a month ago as a trial separation to see if we could work things out. However, I have now learned that he has filed for divorce which is absolutely not what I want. I have tried to discuss this with him and want us to seek marriage counselling. Is there anything I can do to delay the divorce so we have some time to see if there is a way to mend the relationship?


Brookman’s Answer:

If your husband has started divorce proceedings, he should serve the Petition on you.  You would then file an Acknowledgement of Service form, confirming whether or not you agree to the divorce.  If you do not agree to divorce, then you will have to give your reasons and file an Answer.

This will all buy time for you to try to discuss mediation or counselling etc.  Ultimately, though if you are solely defending the divorce on the basis that you do not want the divorce, then you would not be advised to proceed to trial defending it, because it is more than likely that a Judge will grant a divorce in any event, and you will be at risk of costs.

Read more on our divorce law pages and our mediation page.

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