not accepting divorce papers

newcastlebelle

saw a solicitor in april and have started to divorce my husband of 27 years as we have grown apart and are different people with opposite interests than when we married in 1982.
children are grown and over 20 and off hand.
house is mortgage free.
I'm only asking for 50/50 split on everthing.
he refuses to even discuss subject or talk to me.
solicitor has sent 2 lots of papers to him and the court one set.
next step is hand serving him.

has anyone else had experience of OH refusing to accept divorce papers?

can we still get divorced if he wont acknowledge it?

feeling trapped in the house and want out asap........any idea how long this is likely to take with him dragging his heels?

pink_numbers

can't help you, but I have a similar problem in that he won't sign the papers to say he's seen the paper, and now I have no idea where he is.

Hope you will be able to sort your divorce out more smoothly.

Ada_Doom

Hi yes you can still get your divorce as long as your not going on two years separation by consent. Ask the court to get the bailif to serve him. This involves an application to the court and a £35 fee. As long as the bailiff signs to say they served it on him you should be fine.

hth

newcastlebelle

cheers folks for the replies

dont know what he thinks he's going to achieve by refusing them!

just gotta sell the house now.........anyone wanna buy a 5 bed in cambridge, going cheap??:rolleyes:

The_Banker_5

newcastlebelle wrote: »

just gotta sell the house now.........anyone wanna buy a 5 bed in cambridge, going cheap??:rolleyes:

Sorry I'm not ready for downsizing yet.;)

never_enough

newcastlebelle wrote: »

cheers folks for the replies

dont know what he thinks he's going to achieve by refusing them!

just gotta sell the house now.........anyone wanna buy a 5 bed in cambridge, going cheap??:rolleyes:

Funnily enough I do especially if it's walking distance to the station, Cherry Hinton Rd, Mill Rd, Parkside or similar.
Things may not be as quick as you hope though so don't start packing just yet. Mine took nearly 8 months just because he didn't send forms
back :mad:. [Sorry]

Pee

Maybe he isn't ready to accept that the marriage is over. Is this the form that asks for details of his earnings etc? I have seen people quite adamant that they do not want to provide this info, that it is noone else's business. In a marriage like this, I imagine you know as much about his finances as he does, so ask your solicitor does that form need to be signed.

kindofagilr

I thought both parties had to consent to the divorce?

Just I remember ages ago (although a bit of a blurred memory I was very young) my uncle (who had an affair) wanted a divorce from my aunty and she refused to give him one, he had to wait 5 years to get one?

Is it different in their case cos one of them had had an affair?

floss2

kindofagilr wrote: »

I thought both parties had to consent to the divorce?

Just I remember ages ago (although a bit of a blurred memory I was very young) my uncle (who had an affair) wanted a divorce from my aunty and she refused to give him one, he had to wait 5 years to get one?

Is it different in their case cos one of them had had an affair?

No, sounds like one would not agree & the other then had to wait for the full 5 years for a non-consensual divorce.

MrsTinks

kindofagirl - there are 5 grounds for divorce in th UK - or 5 "proofs" that a marriage has irretrievably broken down:
Adultery
Unreasonable behaviour
Desertion
Two years' separation with consent
Five years' separation without consent

The only 2 "instant" ones are the first 2 - but as your uncle was the adulterer he couldn't file adultery as the reason.

What constitutes unreasonable behaviour however is a different matter...

Skint_Catt

A colleague I worked with years ago said that his wife filed for divorce on grounds of unreasonable behaviour - because he wouldn't put some shelves up. Wouldn't surprise me but I think he was joking

Hope yours goes more smoothly OP.

C xx