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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce after long separation

8 replies

milafawny · 14/09/2023 18:07

I left my husband in 2015. In 2016 i applied for a divorce to the address of the home we owned. He received the petition before the house was sold (i had left the home he stayed) but he refused to sign. After the house was sold, he vanished, literally, no contact with myself or our children, no financial support either. I was struggling financially so i didnt act further.

In 2021 i found out an address for him, as i was on universal credit (due to being a student) i reapplied for the divorce using the help to pay service. Again, he ignored it and didnt sign. I had no money to continue the application

The 2021 petition is still active when i log into the .gov portal.

I can see that i can pay £53 to search him. If i pay this, does this include serving him again? What happens if he refuses to sign again after i pay this £53?

I can see that i can pay £53 for the i have tried every possible way to contact him. I have no information for his family, no addresses as i have not had contact with them for 8 years. He is unemployed now as i went through the CMS in 2016, but at the end of 2021 when i received the address for him i started receiving money through the CMS from a deduction in his benefits. I dont have an email or phone etc for him. I have nothing.

My issue now is i have completed my degree and im due to start working very soon. I need to be divorced from him due to my NHS pensions etc. We have been separated and i have been living alone with my children since 2016. Surely there must be an easy cheap way to continue this process?

Im a single parent with 3 expensive teens, who he has contributed £690 to over the 8 years. I worked every hour i could until they were all in high school when i went to uni myself. I cant afford £53 to research him, then £53 to reserve him for him to ignore it again, and then £53 for the possibility of being allowed to proceed based on exhausting every other option.

I just want to be free of this man now. But i need to do it in the cheapest way i can as i just dont have the spare money.

Thank you in advance for any advice you can offer

OP posts:
Tosca23 · 15/09/2023 08:59

Sorry to hear you've been facing this horrid situation. It must be so frustrating. Have you spoken to a solicitor about whether you can get a divorce in his absence? Can they suggest anything?

milafawny · 15/09/2023 12:05

Tosca23 · 15/09/2023 08:59

Sorry to hear you've been facing this horrid situation. It must be so frustrating. Have you spoken to a solicitor about whether you can get a divorce in his absence? Can they suggest anything?

Thank you for your reply, a solicitor isnt something i can afford unfortunately. I did speak to someone but it was a while ago now, and they said i would just have to pay the charges, but im unsure what the charges mean as to how far through the process paying for him to be searched would get me for example.

OP posts:
SadBut · 15/09/2023 12:28

I set up a free consultation with wikivorce recently OP
They were really helpful, maybe try them

adriftabroad · 15/09/2023 12:40

I am so sorry.

My husband has locked me and DD out 2 years ago and refuses to divorce. It has cost so much money (which I absolutely really, really dont have) in research, translation fees, mental health, DDs mental health. It is horrible. Like you I want to just be rid. He said "we are divorced, it does not need to be formal", 2 years ago. There is a reason for it, with my husband it is money (I think), what is it with your husband? Have you done a land registry check? I think it is a few pounds.

Added to this I am in his country and do not speak the language so well and have found out so much deceit regarding peoperty etc. It is mindblowing.

I am praying for a court date soon but it seems to be taking ages. (If they do not agree to it, it is such a long process) It helps that my DD is a minor (15). I went to the police and got it all registered. In Spain CMS is taken extremely seriously. Luckily.

I would post in legal. There are some fantastic divorce lawyers on there and they will help you.

Best of luck x

adriftabroad · 15/09/2023 12:41

Oh, and well done on qualifying and raising your DCs solo 🌻

Anita848 · 16/09/2023 15:41

I'm so sorry this is costing you so much. It really shouldn't. According to the the government website you can still divorce them even if you can't find them. Have a look at this - https://www.gov.uk/divorce-missing-husband-wife further down it says that if you still can't find them, you can still get a divorce even if the respondent (your partner) can't be reached. So you can do this cheaply, see if this can help you fill out the form you need (D13B) https://iamlip.com/form-d13b/
It will take you through the process of filling out the form so you can do it yourself and not have to pay a solicitor to do it for you which will cost a lot more. Hope this can help!

Form D13B

Form D13B - I AM L.I.P

https://iamlip.com/form-d13b

milafawny · 16/09/2023 17:08

Anita848 · 16/09/2023 15:41

I'm so sorry this is costing you so much. It really shouldn't. According to the the government website you can still divorce them even if you can't find them. Have a look at this - https://www.gov.uk/divorce-missing-husband-wife further down it says that if you still can't find them, you can still get a divorce even if the respondent (your partner) can't be reached. So you can do this cheaply, see if this can help you fill out the form you need (D13B) https://iamlip.com/form-d13b/
It will take you through the process of filling out the form so you can do it yourself and not have to pay a solicitor to do it for you which will cost a lot more. Hope this can help!

Hi, thank you for taking the time to reply.

This is the form i have seen yes, but im not sure if have to have paid the £53 to search for his address, pay to re-serve the petition, then if he still doesnt sign, pay for the i have tried everything else method. Which would mean £160 in fees i just dont have at the minute.

OP posts:
Anita848 · 16/09/2023 19:52

Ah I see, sorry I misread and thought you had already paid the £53 to look. Maybe try contacting your closest court and see if they can offer you any advice. They can let you know if you can skip that part and go straight to getting a divorce with D13B. Or they might be able to tell you your options e.g. charities that can help with how to fund it/what to do next.
These charities on here may be able to help you too? https://iamlip.com/help-guides/registered-charities-that-could-help-you/ Try the legal fees and issues one, they might be able to help.

Registered Charities That Could Help You

Registered Charities That Could Help You - I AM L.I.P

https://iamlip.com/help-guides/registered-charities-that-could-help-you

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