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awkward spouse

  • baydaze
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  • New Member
30 Aug 12 #352778 by baydaze
Topic started by baydaze
my spouse disappeared 12 years ago I did not know where he was. Out of the blue he came looking for me and wanted to know if we were divorced. After I obtained his address and telephone I petitioned for divorce, he did not respond, then had a bailiff who was unable to serve papers.
His reasons for not agreeing to the divorce is down to immigration as he now wants to apply for his British passport. Can I still get a divorce without his consent due to the long time apart?

  • dukey
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30 Aug 12 #352780 by dukey
Reply from dukey
You can but its not as simple as if he agreed and signed the form from court, you need to either deem or dispense with service.

To deem service is to prove to a judge that he knows you are trying to divorce, court bailiffs tend to try once to contact, precess servers or enquirery agents tend to try much harder.

To dispense with service is to show a judge you have done all you can to find to guy without success, this is using a C8 application and affidavits.

Both tend to be problematic without a solicitor who knows the ropes, it can be done though.

Maybe take a look at the wiki fixed price services, they offer the service for £480 plus court costs.

  • upbeat
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04 Sep 12 #353730 by upbeat
Reply from upbeat
I did this on my x as he wouldn''t respond to Petition on 2 years with consent so changed it to 5 years without got bailiff paid for baliff to serve but they couldn''t find him did affidavits (giving as much evidence as i could and reasons why i didn''t think he was respionding ect) and forms and the judge declared Decree Nisi. The court staff were very helpful and advised me at every stage on what forms ect. I did make one mistake I think I asked forgot to put amemnded petetion but the judge just replied I corrected and put it back in. Hope this helps :)

  • Pammy1970
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07 Sep 12 #354393 by Pammy1970
Reply from Pammy1970
Hopefully, he will be refused a British Passport on the grounds that he married to try and obtain one!

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