Divorce-but where is she?

wackyjacobeany

Please can you tell me how you go about getting a divorce if you cant find your spouse. My brothers in this position but he seems to be stalling for some reason. He says its what he wants but doesnt want the hassle. He has been through a lot.

I think that if you have not seen sight nor sound of your spouse for so many hears that you can get a divorce automatically.

My brother is a good man before anybody says anything. :mad: She ran out on him leaving him in debt with house being repossesed and leaving behind there daughter as well. :mad: So please no sympathy for her.

Please can someone advise me. a.caring.sister

celyn90

Hi OP (I love your avater BTW),

How long has he been separated? If it is greater than 5 years, then in my understanding he can file the papers with the court citing 5 years separation as the cause and give her last known address for service.

I would think that you will have to show the court that you have done everything within your power to find her in order to serve the papers. If you know the rough area she is living in, the electrol role can be a good place to start (the local library will have copies of these for each area).

best of luck, cel x

wackyjacobeany

Hi there thanks for reply,

Its only been 18 months so far.

Also we have found out that she never bothered to register for electrol roll. So I imagine as she has done a runner that she wouldn't bother with this.

Paparika

http://www.terry.co.uk/divorce3.html

I found this, does it help

Desertion and five years' separation without consent are relatively uncommon grounds for divorce in England and Wales although divorce on the basis of two years' separation with consent is frequent enough. The reason that these three grounds are all to some extent less favoured by parties seeking divorce is that they each involve some sort of delay unlike the grounds of adultery or unreasonable behaviour which, in effect, permit "instant" divorce. For most people a delay of two to five years is simply too long to contemplate and each of these three grounds tends to be relied upon because neither of the other two are available. It is, however, perhaps fair to point out that divorce after two years' separation with consent is also sometimes chosen by couples who want an "amicable" divorce and do not want to, or cannot, make the allegations necessary for a quicker divorce.



But read on in the post as if gives more details than i can post here..

wackyjacobeany

Hi thanks for that there is lots of good information there.

But I dont understand how we can serve her papers when we dont know where she is.

celyn90

You have to try to find her - if you can't, you will have to demostrate the court that you went through every possible route to track her down and serve the papers. Are there any relatives that might know where she is for example? Can you find her online (facebook/myspace/google). What about her place of work?

Inforapennyinforapound

I agree with all above posters but i am afraid what i am about to say is no real help.Dont you think that the Police should be informed?

Not many details are posted here but this sounds like a 'missing persons enquiry'.How does anyone know that she has not come to any harm?

If anything of a criminal nature was later discoverd he would be the first port of call.The police have access to a lot more info than yourself.It is always suspicious if someone runs off without a trace....and leaving a child behind??

wackyjacobeany

Hi celyn we have tried the facebooks etc she is not on there as far as we know. Of course by now she could be using another name.

Penny, I totally agree with you but the police have already been involved in fact they know where she is and are quite satisfied that she left of her own accord and is of sound mind.:eek: I dont think she ever was of sound mind:mad: Due to Data protection they will not give him, or her family for that matter, any details. Believe me she was in the wrong when she left.

I am glad that she is alright I wish her no harm. She is in hiding from what she has done and cant face up to her family or ours,

Sorry if I am getting a bit garbled

Thanks again

Georgie4

wackyjacobeany wrote: »

Hi there thanks for reply,

Its only been 18 months so far.

Also we have found out that she never bothered to register for electrol roll. So I imagine as she has done a runner that she wouldn't bother with this.

He may have to wait the full 5 years unless he can serve papers on her which she will reply to but then it would be 2 years with the consent of both parties. Someone has suggested unreasonable behaviour but in my experience behaviour have to completely beyond unreasonable for this to be successful without consent

xmaslolly76

I know you cant get the information from the police but can the courts ask for it for the purpose of serving the documents it may be worth presenting the question to a solicitor or the court themselves ?

Ada_Doom

You can make an application to the court to "dispense with service". phone your local court and they can send you the form...although you will have to show that you tried to find the missing person...it gives details of what this involves on the form