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How do I divorce him if he's missing?

(13 Posts)
yonisparechangemr Wed 17-Apr-13 22:54:54

I want to remarry, have two kids (both under 16) to the arsehole we haven't seen or heard from him in 10 years! shock He has no relatives alive that I ever met (pil) and wouldn't be able to get the addresses of any of the others?

My questions are can I still divorce him? and if so how? please help! wine

Oh and I live in scotland now if that changes things?

PiratePanda Wed 17-Apr-13 23:03:53

I think you can divorce without the other person's consent after 5 years' separation.

yonisparechangemr Wed 17-Apr-13 23:22:16

Thanks for the speedy reply panda smile do you know if that is with kids under 16? Ive been trying to look into it btbh I'm a bit blonde and have bee easily confused thus far!

yonisparechangemr Wed 17-Apr-13 23:23:11

bee is been confused see itys?

familylawyerlouise Thu 18-Apr-13 15:47:27

YOu can divorce him using the ground of five years separation. However there is usually a requirement to prove that he has received the divorce papers. You can ask to be let off this requirement by submitting an application to dispense with service of the papers on him. Basically you have to show that you have made all reasonable attempts to trace him. There is a standard form for this application. The application can be submitted at the same time as or after your submit the divorce papers. The form can be downloaded from the court service website.

babybarrister Thu 18-Apr-13 21:47:33

I am not sure if the other posters on here have noted you live in Scotland - the law is entirely different there so I suggest that you repost making it clear that it is Scottish legal advice you are seeking smile

WhoWhatWhereWhen Thu 18-Apr-13 21:51:39
yonisparechangemr Fri 19-Apr-13 11:00:14

Thank you all for your help, I've made an appt with a solicitor so I can get the ball rolling now I know it will be possible grin

VodkaJelly Fri 19-Apr-13 14:38:49

This actually happened to my friend, she hadnt seen her ex for nearly 20 years. Couldnt trace him, he too had hardly any family and they all died. She was advised that if she hired a private dective to find him (and even if they couldnt find him) that proved she had made an attempt to find him.

Ironically before she did that he actually contacted her asking for a divorce!

Hansard Fri 19-Apr-13 22:29:16

True. You can apply for a divorce after 5 years seperation without the consent of your partner or after 2 years with consent. You could also apply on the grounds of abandonment after two years also. This might be your best bet.

yonisparechangemr Sat 20-Apr-13 00:35:38

Hansard is that true for Scotland to? Tia

prh47bridge Sat 20-Apr-13 08:43:35

In Scotland it is 2 years separation without consent or 1 year with consent. There is also the option of applying on grounds of desertion after 2 years but this is rarely used.

yonisparechangemr Sat 20-Apr-13 10:19:04

Thank you grin

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