Divorce-but where is she?

sharkie

Surely her work, her parent, her brother, know where she lives, or get a PI

Does she have any strange hobbies or a strange job?

lill

wackyjacobeany wrote: »

Due to Data protection they will not give him, or her family for that matter, any details.

If you could get that in writing, would that not be enough to prove to the court that you had in fact made every effort to trace her?

wackyjacobeany

Hi there Ada doom - "dispense with service". please can you tell me more as i have not heard of this one before.



Hi Sharkie. No her family have not heard from her either since the night she disappeared. She has relocated to a different area. She is not a skilled person so not an obvious occupation field to look through. The only strange thing was her, lol, not that I am bias of course:rotfl:. And as for getting a PI thats out of the question as my brother had to relocate to be with us as his house was repossesed due to her. So he lost his job as well in the process. So no money for PI unfortunatley

Thanks agin both of you

wackyjacobeany

Lill - I will mention that to my brother I dont know how far that would take him but thanks for the suggestions. Some times the law is such a joke. But I do know that some people do need this protection.

thanks

Amber_Sunshine

Georgie4 wrote: »

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

A solicitor told me that 'unreasonable behaviour' can actually be something quite mild, from which I assumed that it is effectively a means to achieve a quick divorce when both parties consent, rather than wait two years.

OP, I suggest you leave your hostility to your SIL out of this, support your brother by all means, but this needs to be treated as a legal matter.

wackyjacobeany

Amber_Sunshine wrote: »

OP, I suggest you leave your hostility to your SIL out of this, support your brother by all means, but this needs to be treated as a legal matter.

Hi amber

I think that i do have the right to be a tad hostile if you dont mind, given the fact that i am now having to act as mother and female role model to there distraught daughter in her absence as well as my own three children. I have also had to help them set up another home from scratch as well.

Also is there any other way to treat this matter other than legally

celyn90

You can cite very mild instances of behaviour and often you are advised to be mild in order to minimise contention, but if one party does object then it can be a really long and drawn out process. My partner is still fighting two and a half years after filing (on the basis of unreasonable behaviour) and there are no kids, no assets and it was a short marriage. If both parties agree then it can be fast, but if they don't then it can be dreadful. Divorce in absentia, regardless of the reasons cited for martial breakdown, is similarly not an easy task - as you have to actually have concerted proof that you tried every which way to serve the petition to the AWOL party and that they had their say in the matter.

OP, you come across as a very caring person who is protecting their own - your brother is lucky to have someone like you to help him

CAB will have a list of family law solicitors that can advise your brother - they often also have a list of people who will do the first appointment free and will/can check his entitlement for legal aid. I would not advise acting without a solictors help to be honest as it may cost more later down the line if you are sorting out a problem rather than having advice from the start.

All of the forms he will need can be found on the court services website, but do get them checked over professionally before submitting them- they haven't been separated for long and there is a little one involved.

www.wikivorce.com is also an excellent resource for help and support.

best of luck, cel x

Amber_Sunshine

wackyjacobeany wrote: »

Hi amber

I think that i do have the right to be a tad hostile if you dont mind, given the fact that i am now having to act as mother and female role model to there distraught daughter in her absence as well as my own three children. I have also had to help them set up another home from scratch as well.

Also is there any other way to treat this matter other than legally

But we only have your side of the story. Your SIL may see things very differently. There may be more to it than her simply being 100% at fault. Also, I was suggesting that you concentrate on finding the solution to the legal issues, rather than making negative comments about her in every post, presumably the former is the priority.

c_l_a_i_r_e

wackyjacobeany wrote: »

Hi amber

I think that i do have the right to be a tad hostile if you dont mind, given the fact that i am now having to act as mother and female role model to there distraught daughter in her absence as well as my own three children. I have also had to help them set up another home from scratch as well.

Also is there any other way to treat this matter other than legally

Divorce is a legal process so i'm not sure what you mean by this

Your brother could present a divorce petition himself without any legal assistance or representation if thats what you mean. However given the circumstances, and the fact this isn't a straightforward divorce I wouldn't advise this.

Pee

There is another option called Judicial Separation, which is a legal separation without divorce. People who don't agree with divorce can formalise their finances etc.

I would have thought traceline would work, especially if she is on benefits. The difficulty is that using unreasonable behaviour or adultery can cause upset, so i have to say, if I was him I would leave it five years.

It is very strange that she has left without her daughter. I'm inbclined to think let sleeping dogs lie as if she was contacted, she might apply for a residence order for the daughter, which would be unneccesary stress for your brother.