special procedure

[jaycee401]

my partners estranged wife filed for a divorce on a 2 year separation, no kids, no property.
My partner sent his acknowledgment of Service to the court which was lodged at court on 29th July 09. As he has not heard anything he rang the court who informed him they are still waiting for her to file an application for special procedure. As it was her who suggested the divorce (he thought he would have to wait 5 yrs as he didnt think she would agree to one, and she is paying her bit) he thought the divorce would be through by now, but until the court receives her special procedure nothing can be done. Is there a certain timescale she has to get this application in for and could my partner ask the courts to proceed without it. He has not contested anything cos theres nothing to contest. He's now wondering whether to start the proceedings himself and divorce her. They have now been separated for 5 years.

[themas]

I don't know what is meant by "special procedure". I thought an uncontested divorce was a simple procedure anyway. It may be just that she has not taken the next step. He should ask the Court office for more details on what she has to do, and also ask them what will happen if he starts his own divorce petition.

[fredpuli47]

"Special procedure" is the standard procedure for uncontested divorces. The petitioning wife has to file an affidavit covering various technical matters. It's in a standard form. She also has to file a 'summons for directions' which is simply a formal request to the Court for a divorce. These go to a judge who decides whether a divorce should be granted ( a formality here) It will be the affidavit and/or the summons for directions that the Court is waiting for. The court office staff or her solicitor will be able to assist her in obtaining and completing these.