Hi I''m just wondering if anyone has any advice as I''m kind of stuck, I have been married for 8yrs and separated for almost 4 of them, I want a divorce but annoyingly I don''t know where he is, I know he''s not in the country and that''s all I know. Due to issues when we separarted he is not allowed anywhere near me or my children, I was wondering if there is any legal way to get my divorce without being in contact with him. I have been trying for the last 2 years to locate him and I''m just about ready to give up, but I don''t want to be tied by name to this man forever. Thanks in advance x
There are possibilities, such as deemed or substituted service. It will make a divorce slower and more complicated (and as a result more expensive)
Some things which might help would be:
1. if you know where any of his family members live
2. If you have any e-mail / facebook or similar contact details for him
3. if you know where (e.g which country, which city) he is likely to be in.
You would also eed to be able to set out all of the steps which you have take to try to find where he is.
In some cases, a court can order that serie be eemed to have taken place if you have taken all possible steps to find him/bring the proceedigns to his attention. This might include thibgs such as taking out an add in the local/national paper where you believe he is, sending copies ofthe paperwork to his last known address and to the addresses of any of his family members you think may be in contact with him. Depending in where you think he may have gone, making enquiries via a private investigator may also be appropriate.
You would normally need to issue a divorce peition then make an application for deemed or substitutes service, which might involve having to go to court for a Directions hearing.
Given that he is not allowed anywherhe near you you may also want to consider whether it would ba appropriate for you to apply to withold your address from the divorce petition.