divorce difficulties in dire need of help

emmajh_2

Please can someone give some advice.

I have been seperated from my spouse for just over 5 years. I do not have his address and he does not respond to my emails. I really want a divorce but do not want to pay someone to find him. is it correct that after 5 years i can apply for a decree nisi and if he doesnt contest within 6 weeks i can go for the absolute? if so how do i get aorund not knowing his address?? has anyone else got around this problem??

I know he lives in scotland somehwhere and have tried family and friends and bt phonebook etc to no avail any advice will be most appreciated

Skinny

Try ringing and speaking to your local county court. They have a department dealing in Divorce etc. They should be able to let you know if you can go ahead with the divorce without a solicitor and send you the papers required, so i believe.

I have just spoke with mine and they have sent me the papers to apply for custody of my two children.

Hope this helps, good luck.
Skinny

tpsjrm

emmajh wrote: »

Please can someone give some advice.

I have been seperated from my spouse for just over 5 years. I do not have his address and he does not respond to my emails. I really want a divorce but do not want to pay someone to find him. is it correct that after 5 years i can apply for a decree nisi and if he doesnt contest within 6 weeks i can go for the absolute? if so how do i get aorund not knowing his address?? has anyone else got around this problem??

I know he lives in scotland somehwhere and have tried family and friends and bt phonebook etc to no avail any advice will be most appreciated

Hi, I believe the 5 year rule is that you can sue for divorce then if your spouse doesn't agree to a quick 'both agree' divorce from the 2 year point onwards. But I would have thought that you or somebody official would still need to contact him, to get his statement that he doesn't agree to a 'no blame' divorce.

If you know his national security number it would help track him down. The Salvation Army can sometimes help. And so can Social Services, but you may not want to get them involved.

If you know the general area that he lives, you could get a copy of the electoral roll from the local council. It will cost of course, don't know how much. It details everyone of voting age who registered. He could be slippery and not register, of course!

A final thought is contact your local Citizen's Advice Bureau. They may have contacts who can help.

Hope it works out well.

mookiandco

It is possible to apply for a divorce based on 5 years seperation. However, your husband still needs to be served with the divorce petition. The court will require an address to send the divorce petition to him. If you have exhausted every possible avenue in trying to find him ie checking electoral roll; asking family/friends etc, it is possible to make an application to dispense with service of the divorce petition. You will need to provide evidence of all the steps you have taken to find him.

If you know of a close friend or relative with whom he is in regular contact or a work address the petition could be sent there and you could apply for substituted service i.e he would have received divorce petition via the person at the alternative address.

I would really suggest you contact a solicitor who will be able to prepare the relevant applications as if you cant find him it wont be a straightforward divorce.