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Divorcing my absent ex

(5 Posts)
whateverloser Thu 16-Feb-17 09:56:02

Hi all- just after some advice. I have been single for three years. I have 5dc and ex pays no maintenance ( CMS involved, but they can't officially find him and he works cash in hand). I am desperate to be free of him( history of emotional, financial, physical abuse), but here is the dilemma. I know where he lives- about ten minutes away, but he doesn't officially live there. If court papers are sent to that address, they will be returned as not living at that address. If I go down the route of divorcing him, where you do not know their whereabouts, you have to state that you do not know where they live- except I do. I work, so don't think I would qualify for legal aid, but as no maintenance and paying surprise debts after his departure, I don't have much money left for costly legal advice. TIA

AnnettePrice Thu 16-Feb-17 13:38:28

That is his address. Wether he sees it as his official address or not, if it's where he is living it will be fine to use it.
If he chooses to send it back pretending he doesn't live there then that's up to him.
If he does send the papers back pretending he doesn't live there, you can get the papers served in person (there are companies that do this) it does cost but it could end up being cheaper than the alternative in the long run.
I don't know if you would be able to be awarded costs or at least awarded the costs of divorce split between you.

Good Luck

traviata Thu 16-Feb-17 13:41:53

yes you can use a process server or pay the court bailiff to serve. Its called substituted service.

whateverloser Thu 16-Feb-17 14:27:55

Thanks- I need to get this sorted!

MrsBertBibby Thu 16-Feb-17 17:39:51

You might be able to get money off court fees. Complete form ex 160 and send it in with the petition. It's £550 to issue the petition, and bailiff service is £110 so worth a bash.

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