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Divorce question

How long is it before you can get divorced nowadays? Also how do you go on when you dont know where your ex-partner is ? ( i have had no contact for over 2 yrs) There are no children or house etc to argue over! So it should be straight forward? Husband walked out, stopped paying mortgage , i had to get out of house , because of the situation at the time i took nothing only my personal stuff and clothes, he was aware that i was leaving all his stuff at the house at the time , but didnt bother to collect it (he had 6 months in which to do it, till i left the house).
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Comments

  • Slapps
    Slapps Posts: 654 Forumite
    this site maybe of some use to you

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

    hope you get it sorted tc xxxxx

    i'm lucky as i know where my hubby is even tho we have been split for 7 years so our devorce is gonna be very straight forward.(filled in the papers today lol)
    1st son born 11/02/05 2nd son born 09/01/08
    thats all i'm adding to the human race so think yourselfs lucky lol
  • kickstart_3
    kickstart_3 Posts: 410 Forumite
    Thanks Slapps ..will take a look ,good luck with yours !
  • mookiandco
    mookiandco Posts: 1,294 Forumite
    its 1 year and 1 day before you can get divorced.

    As you have been separated for over 2 yrs, you can divorce on the grounds of 2 yrs separation but you will need your husband's consent.

    If you dont know where he is you will need to prove to the court you have taken every possible step to find him before they will let the divorce proceed. This will include adverts in the paper, electoral roll searches, finding his family members etc.

    You are better off finding him berfore starting divorce proceedings or it will cause a delay later on.
    Proud Mummy to Leila aged 1 whole year:j
  • kickstart_3
    kickstart_3 Posts: 410 Forumite
    mookiandco wrote: »
    its 1 year and 1 day before you can get divorced.

    As you have been separated for over 2 yrs, you can divorce on the grounds of 2 yrs separation but you will need your husband's consent.

    If you dont know where he is you will need to prove to the court you have taken every possible step to find him before they will let the divorce proceed. This will include adverts in the paper, electoral roll searches, finding his family members etc.

    You are better off finding him berfore starting divorce proceedings or it will cause a delay later on.

    Not looking good then ,family .. i wouldnt have a clue where they are, not that they would tell me where their precious son is! Electoral role ..hmm dont think for one min that would work , as not only me , looking for him! Cant afford a private agent to track him down , because i am on benefits , i am terminally ill, so lots of leg work is out of the question too! Lets hope that the SOB wants a divorce then and contacts me ?
  • misswig
    misswig Posts: 238 Forumite
    Kickstart

    my divorce was finalised 4 1/2 months after seperating from my ex husband. :j :j I divorced him on the ground of unreasonable behaviour though.

    I think you can have a divorce based on 2 years seperation if both parties agree. However if one party disagrees or is unwilling for the divorce to go ahead, i think it may be 5 years seperation.

    My advise to you is to seek some legal advise. Most fmily solicitors will do a free 1/2 hour consultation

    Best of luck

    Vxx
  • titch66
    titch66 Posts: 4 Newbie
    As long as you know where he is, you can divorce on the grounds of two years separation. Its easy to do yourself, if there are no children or finance arrangements to be made, pick up the forms from the court and complete them yourself - saves on solicitors fees :-)
  • mutley74
    mutley74 Posts: 4,033 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    i am sure (correct me if i am wrong) but courts can try to find people if you fill in the forms at the court office and pay the appropriate fee. They do a search of electoral registers etc. best to enquire at your local county court.
  • kickstart_3
    kickstart_3 Posts: 410 Forumite
    Thanks all some helpful stuff there , going to be fun! he is the most awkward *** i know.
  • JillD_2
    JillD_2 Posts: 1,773 Forumite
    I got divorced 6 years ago.
    As others have said if you have been separated for 2 years you can petition for divorce. You don't have to say that there was unreasonable behaviour, but you do still have to say why the marriage broke down and have to be a little more specific thatn just "irreconcilable differences".
    If the respondent agrees to it, and your solicitor has done their job properly and put together a good enough peition, then its just a time consuming formality after that.
    The respondent (your ex) can still contest it. Not sure how this goes as luckily my ex didnt't contest it. From petition to decree absolut was about 7 months for me. Agonising it was.

    I think, though am not sure, that if you can't track him down then therefore he can't agree to the divorce, then you have to wait for 5 years - this is know as 5 years desertion I think. Ater that time I think its basically a formality again if your solicitor gets it right.

    And by the way don't assume your solicitor will get it right, Mine mucked up the first petition which went to court and then was rejected because she'd forgotten to complete a section. She blamed it on the software package (!) used to prepare the petition. She had to prepare another one which had to be re-served to my ex, he was mega peeved at having a second one served to him, he then had to do something to it, send it back, solicitor had to resend to court, it re-sat in someone's in-tray at court for weeks.

    Without a doubt it was the most stressful thing I have ever ever done. But once it came through the feeling of freedom was FANTASTIC!!!!

    Good luck with it all.
    Jlll
    Jan GC: £202.65/£450 (as of 4-1-12)
    NSDs: 3
    Walk to school: 2/47
    Bloater challenge: £0/0lbs

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