I recently returned to live in UK and my STBXH has stayed living and working in the M.E.
He has tried to bully me into getting divorced without solicitors saying i'll get nothing if i use one.
But he is unreliable and a liar and don't feel i have any choice.
He has refused to sign 2 petitions now. My solicitor said she can't believe he won't sign it as it was very gentle.
Now he has missed 2 deadlines to exchange our Form E voluntarily.
On thursday my Solicitor advised I just file with the court and we will be given a deadline.
Now I am wondering what that really means?
What happens if he continues to refuse to sign anything. The only thing his solicitor keep saying is "we are awaiting instructions from our client" and so I wonder if he is actually using them or paying them.
as far as im aware from DP going through it once you file a petition, they send to the address you list as the respondents, and he has 14 days to reply. If they get no response you can pay for a baliff to serve the papers to him personally (around £100). The court then have proof he has had the papers, if the then still does not reply after a further 14 days then you can proceed with an undefended divorce, he no longer has a say in it. However as you have stated he is in the ME you may need to check with your solicitor if this process still applies as im not sure how it works divorcing across countries? he cannot just Stop you applying for a divorce though!
You would need need proof he's received papers tho hence having to pay a bailiff, it won't just go through automatically if he doesn't respond without u applying for court service.. But as I say this is all uk based so I honestly don't know how it works abroad. You would need legal advice on that.