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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Divorce - help needed.

11 replies

43percentburnt · 25/01/2014 22:47

My friend and her husband have split up. He was violent, ea, financially controlling and convinced her she was mentally ill. I am so very pleased she is no longer with him and very proud she told him to go.

She is trying to initiate a divorce, but he has disappeared. She does not want to search for him understandably. She knows where his parents live but again doesn't want to ask them for help.

There are no children and no assets except a tiny pension each.

How can she divorce him (she cannot afford a solicitor) when she cannot find him? Her counsellor was made aware of DV issues a couple of years ago. Can she just list the ea, fa and violence on the form? Should she tick the boxes on the back of the form to say she wants pensions, maintenance etc? He may have a car but we think that is the only asset.

I want to help as much as poss. I sent her a copy of 'why does he do that' as a present to try and help her understand it's not her fault.

Thanks for reading.

OP posts:
canttypefortears · 25/01/2014 22:50

Where violence is involved and if she meets the critera she maybe entitled to legal aid.

handfulofcottonbuds · 25/01/2014 22:56

Most solicitors offer a free 30 minute consultation, she can go to a few different ones to get advice. There is no obligation to pay for further appointments but she does need to know where she stands legally.

43percentburnt · 25/01/2014 23:01

Hi can I was hoping that. However There is little in the way of assets to fight over. She is obtaining her medical record from the counsellor (nhs) he reckons it will take a couple of weeks. She is sure she mentioned it. Cock head always wanted to go with her but the counsellor saw through his charmless ways and said it was pointless taking him. The counsellor knew all along what the problem in her life was!

I really hope it's on her records. She never reported him to the police unfortunately.

OP posts:
CogitoErgoSometimes · 25/01/2014 23:09

In this day and age it's difficult for someone to just drop off the radar. If she talked to a solicitor I'm sure they'd have ways and means of tracking the guy down. She can list 'irreconcilable differences' and take it from there. If there are no assets etc the eventual cost may not be very high.

StupidMistakes · 25/01/2014 23:10

For domestic violence cases there is still legal aid available. she can put as much as she wishes on the divorce petition, for me that was the last incidence of violence, the emotional abuse, the fact that it had happened over a number of years and that he had been unfaithful was enough for the judge to grant my divorce. she will need an address to serve them to whether that be work or his parents though

43percentburnt · 25/01/2014 23:13

She has been told his parents will rip the papers up if she sends them there. ( I suggested she sent them to their house). She doesn't know where he is working. It appears he has moved towns. Which is fantastic in some ways.

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CogitoErgoSometimes · 25/01/2014 23:16

It's not actually your friend's problem to find the STBX. Legal stuff tends to get to its intended target eventually and people who rip up documents can find themselves on the wrong end of a contempt charge...

43percentburnt · 25/01/2014 23:20

The court helpline said she cannot do anything until she knows his address. She does know parents address for all she knows he may have gone back there. She has no way of knowing.

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AdoraBell · 25/01/2014 23:35

Friend's solícitor could have the papers delivered either by hand or recorded, or is it registered?, so that they have To sign for it, To his parents. That way it doesn't matter if they tear the papares up, other than them causing a problem for themselves.

CogitoErgoSometimes · 25/01/2014 23:36

That's what she'll have to go with until there's more information. Have to start somewhere.

43percentburnt · 25/01/2014 23:44

Ah I could hand deliver them for her, no worries about her bumping into anyone then. May do it late at night...

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