Online Divorce without spouse approval?

billwest

Hi guys. Newly registered long time lurker around here I was after a little bit of advice if possible.

I regrettably got married over 6 years ago and things went bad fast and my wife cheated within 6 months of being married so I left.

She was far from amicable to the point of psychotic and divorce was just too unaffordable back then. Now it has passed the point of not seeing her for 5 years I was curious if I could use an online divorce service but without her consent.

I understand I need to serve her papers but I only have the last address which I know she doesn't live there. Its also really important to keep contact to 0 if possible as any contact with her ends up with police involvement and me getting unfairly arrested and I could do without these problems.

Fortunately there are no kids involved too.

Thanks for your help guys, much appreciated.

Rottensocks

I would say you need some proper legal advice, especially if she is a bit 999 button-happy!

Get an initial appointment with a solicitor - that can be very informative in telling you where you stand even if you don't choose to use them after the event. Ring a few until you get to speak to someone who sounds sane! (like all professions, some are useless and only interested in the fee they'll charge you for making your life infinitely more complicated!)

You need advice though, as the ex presumably has potential claims on your finances etc at present....

RAS

Hi

You do not need to do an "on-line divorce".

You need to download the divorce forms from the Government web-site https://www.gov.uk/divorce/file-for-divorce (assuming England) fill in and pay the court fees.

You do need an address for her.

The courts will forward the petition to that address.

She will learn that "If you don’t respond within 21 days, your husband or wife can continue with the divorce as if you’ve agreed."

No need to you to have contact but you may need help locating her.

You also want a financial consent order - suggest no payment either way and clean break? You DO need to talk to a good solicitor about this, particularly if you have any assets (include pensions and property bought since the marriage ended).

Go to wikidivorce for more info.

And do write a new will as a matter of urgency, unless you have done so since the split. If you die intestate she gets the lot.

Gloomendoom

As above, save yourself a few bob and use the court forms. The online services do usually include some kind of checking and advice but nothing that can't be found elsewhere. Wikivorce, for example.

You will find it difficult to sort out the financial side without some contact though and unless you are on very good terms, you will almost definitely need a solicitor.

RAS

Gloomendoom wrote: »

You will find it difficult to sort out the financial side without some contact though and unless you are on very good terms, you will almost definitely need a solicitor.

Agreed - self run divorce only costs court fees.

Get a lawyer for the financial settlement; even if it is just clean break.

Otherwise she can come back if you win the lottery, inherit anything etc.

billwest

Thanks guys, really appreciate the advice. I take it the bottom line is I won't be able to do it without her knowing. I don't have much money and wanted to try do it without her involvement as once she knows she will do everything in her power to make it expensive for me and as I have been told she doesn't have any money or doesn't work she will try cream something without fail.

I'll take a look more on that wiki divorce site. Thanks.

Astraeus

You are correct in that, after five years has lapsed, you are able to divorce her without her consent. She has a period of time in which to 'acknowledge' the divorce papers however you can proceed without her agreement to the divorce. You will need to petition for divorce on the grounds of five years separation without consent. There is very little she can do to defend the divorce in those circumstances.

You can satisfy the court that you have tried all means of contacting her if you do not know her place of residence. Do you have an email address or do you know friends or family who would be able to serve the papers on her?