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Divorce question...

2 replies

pebblejones · 17/08/2010 21:16

I am asking this on behalf of a friend in the hope some of you legal boffins may be able to help her...
Is it possible to divorce someone/file for divorce when you have absolutely no idea where they are? Her 'free' 30 minute chat with the solicitor implied it was impossible to proceed without an address. My friend's husband will not tell her where he is, where he is working or anything? Everything is in joint names (mortgage, bank, bills etc...) can she do anything to take sole responsibility of any of the above?
Thank you.

OP posts:
mumoverseas · 17/08/2010 21:26

It is normally necessary for the divorce petition to be served upon the respondent. In extreme cases, ie no contact at all with the other party for many years and all attempts at finding them unsucessful it may be possible to proceed without this information but very rare.
If he is still 'around' she will really need to get an address for him. Not just for the divorce but in relation to the finances too. Clearly as there are joint assets an agreement has to be reached regarding the division of those assets or failing an agreement, ancillary relief (financial) proceedings will need to be issued and he will need to be served.

Has your friend considered instructing a private investigator?

pebblejones · 17/08/2010 21:35

She has yes, but wanted to know if there were any alternatives first.
He has been very unreasonable, he left, told her she could have everything and then 'disappeared' for 6 months now, every now and then she gets a text message, she thinks he's gone overseas.
So it would appear a private investigator is necessary.
Thank you.

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