I need a divorce....

[kiminutter]

...but I don't know where my ex is! He has done a runner (again) with his new girlfriend and her children before signing the papers. We have been separated since 1998 and I just want this over and done with. The last time he vanished he managed to hide for FOUR YEARS and turned up with a fiancee and a new child!!
So... does anyone know what are the chances of getting a divorce without him being involved, and what's the best way to go about it?

I did. xh buggered off somewhere in america, family were not in contact with him. My lawyer was good, the courts wanted evidence of what I had done to look for him. Strangely enough they never asked for a private detective to look for him. After providing lots of electoral rol/internet search evidence they grnated the divorce....was 5 years ago it came through. Took about 6mths from start to finish, can't remember all the details of the legal process, but worth you consulting a lawyer....maybe i was just lucky! We had been separated since 1995, and somewhow I never got round to the legal stuff when he was there.

What you need to do is issue a petition for divorce based on a separation exceeding five years (Matrimonial Causes Act l979 section 1 (2) (e) if you want to Google it).

Along side the petition you need to file a statement of arrangements for children and an application to dispense with service, backed up by an affidavit stating that you don't know where he is and what efforts you've made to find him (eg asking any mutual friends, his parents, his employer etc).

The whole thing gets sent off to your local county court and goes in the first instance to a district judge without anyone attending. If the judge is satisfied that you've made reasonable efforts to track your husband down, he'll grant leave to dispense with service, the petition will then be issued without being sent anywhere and you can apply for decree nisi and decree absolute in the usual way.

If your application fails you'll have to consider applying for deemed service, where the petition is sent to (eg) his last known address or other contact, or a notice is put in his local paper.

Given you've been separated such a long time I think you'll prob. be successful in your application.

You can find a local family specialist solicitor on www.resolution.org.uk.

Good luck.

Thank you! I have made an appointment with a solicitor to get this sorted out. I'm glad I kept the letter from his mother denying all knowledge of his whereabouts. The CSA have also confirmed that they have contacted his employer and were told that he has left his job. I hope that will be enough to persuade the judge!