Notices
Non Scooby Related Anything Non-Scooby related

Can you get a divorce if the other person has disappeared?

Thread Tools
 
Search this Thread
 
Old 09 March 2010, 08:16 AM
  #1  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Question Can you get a divorce if the other person has disappeared?

I need to get a divorce but i have no idea where in the world my ex is.

I have tried looking for him over the last 4 years and have come up with a big fat nothing.

I have checked deaths and electoral registers etc. If someone doesnt want to be found then do i have to stay married or can i get it granted in their absence?
Old 09 March 2010, 08:19 AM
  #2  
Jamescsti
Scooby Regular
 
Jamescsti's Avatar
 
Join Date: Jul 2004
Posts: 3,016
Likes: 0
Received 0 Likes on 0 Posts
Default

There is a way of having the marriage dissolved after a certain ammount of time where one party is absent and cannot be traced but you would need to speak with a solicitor to take proper advice
Old 09 March 2010, 08:22 AM
  #3  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

I might have a look today and see what i can find out. Its about time i sorted it. I had the weirdest dream last night about Michael Winner.
Old 09 March 2010, 08:24 AM
  #4  
Xx-IAN-xX
Scooby Regular
 
Xx-IAN-xX's Avatar
 
Join Date: Nov 2009
Location: Si hoc legere scis numium eruditionis habes
Posts: 1,383
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by sarasquares
I need to get a divorce but i have no idea where in the world my ex is.

I have tried looking for him over the last 4 years and have come up with a big fat nothing.

I have checked deaths and electoral registers etc. If someone doesnt want to be found then do i have to stay married or can i get it granted in their absence?

Have you checked the garden shed
Old 09 March 2010, 08:26 AM
  #5  
dpb
Scooby Regular
 
dpb's Avatar
 
Join Date: Nov 2003
Location: riding the crest of a wave ...
Posts: 46,493
Likes: 0
Received 13 Likes on 12 Posts
Default

Under the patio
Old 09 March 2010, 08:26 AM
  #6  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by Xx-IAN-xX
Have you checked the garden shed
I would never find him in there



Surely if you got a divorce without the other persons knowledge they could contest it if they came back on the scene.
Old 09 March 2010, 08:28 AM
  #7  
dpb
Scooby Regular
 
dpb's Avatar
 
Join Date: Nov 2003
Location: riding the crest of a wave ...
Posts: 46,493
Likes: 0
Received 13 Likes on 12 Posts
Default

Originally Posted by sarasquares
I would never find him in there



Surely if you got a divorce without the other persons knowledge they could contest it if they came back on the scene.

How much did you win the other week
Old 09 March 2010, 08:50 AM
  #8  
SwissTony
Scooby Regular
iTrader: (19)
 
SwissTony's Avatar
 
Join Date: Mar 2003
Location: In the Doghouse
Posts: 28,226
Received 12 Likes on 3 Posts
Default

Usually after 5 years of separation you can get divorced without consent. However you must show to the court that you have exhausted every avenue of trying to contact your husband.

I am sure a quick call to legal aid or your solicitor will confirm this.
Old 09 March 2010, 08:57 AM
  #9  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by SwissTony
Usually after 5 years of separation you can get divorced without consent. However you must show to the court that you have exhausted every avenue of trying to contact your husband.

I am sure a quick call to legal aid or your solicitor will confirm this.
5 years? Not long to go....
I am not entitled to legal aid but i dont think the cost of a divorce is very much.

What i am worried about is if he knew i was divorcing him it might make him appear on my doorstep and i dont want that. I have looked on the net and there is no trace of him, where can anyone else look to find him? I know he wouldnt be claiming benefits of any kind and will not have a bank loan or even a bank account............he sounds really dodgy now
Old 09 March 2010, 09:06 AM
  #10  
SwissTony
Scooby Regular
iTrader: (19)
 
SwissTony's Avatar
 
Join Date: Mar 2003
Location: In the Doghouse
Posts: 28,226
Received 12 Likes on 3 Posts
Default

A cost of a divorce without any contention is around £1500, takes about 16 weeks.
However there is a clause called desertion which is usually after 2 years of continuous absence can you file for divorce. This is not used very often but is there. Speak to a solicitor and ask them.
Old 09 March 2010, 09:43 AM
  #11  
MJW
Scooby Senior
 
MJW's Avatar
 
Join Date: Nov 2001
Location: West Yorks.
Posts: 4,130
Likes: 0
Received 0 Likes on 0 Posts
Default

Make sure he doesn't turn up demanding half of a Civic Type R !
Old 09 March 2010, 09:48 AM
  #12  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by SwissTony
A cost of a divorce without any contention is around £1500, takes about 16 weeks.
However there is a clause called desertion which is usually after 2 years of continuous absence can you file for divorce. This is not used very often but is there. Speak to a solicitor and ask them.
Is it that much??? I thought it was about £50 lol

Desertion sounds good as that is what happened. When my mum got diagnosed with cancer that was the last i saw of him. He has not once in 4 years even seen his daughter or attempted to and i am still living at the same address.

Originally Posted by MJW
Make sure he doesn't turn up demanding half of a Civic Type R !

I have saved him some old scooby bits
Old 09 March 2010, 09:55 AM
  #13  
Scoobychick
Scooby Regular
iTrader: (1)
 
Scoobychick's Avatar
 
Join Date: Feb 2001
Location: Nobbering about...
Posts: 16,067
Likes: 0
Received 0 Likes on 0 Posts
Default

Sara - Quickie Divorce - the UK's most popular and trusted uncontested divorce provider

Old 09 March 2010, 10:15 AM
  #14  
Will
BANNED
 
Will's Avatar
 
Join Date: Sep 2006
Location: Bumming sheep, hard!
Posts: 6,641
Likes: 0
Received 0 Likes on 0 Posts
Default

I feel for the fella to be honest!































Being married to you and all that
Old 09 March 2010, 10:21 AM
  #15  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Ohh thanks Sal.

The sooner i am divorced the sooner i can meet Mr Right.

Originally Posted by mr_impreza
I feel for the fella to be honest!





Being married to you and all that
Why do you think he left!

Seriously though, he walked out on his 5 year old daughter and i want to get him out of our lives for good. I dread the day he may knock on my door and being divorced from him gives him less rights.
Old 09 March 2010, 10:27 AM
  #16  
Will
BANNED
 
Will's Avatar
 
Join Date: Sep 2006
Location: Bumming sheep, hard!
Posts: 6,641
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by sarasquares
Ohh thanks Sal.

The sooner i am divorced the sooner i can meet Mr Right.



Why do you think he left!

Seriously though, he walked out on his 5 year old daughter
So a spineless coward that wasn't man enough for responsibility then
Old 09 March 2010, 10:31 AM
  #17  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by mr_impreza
So a spineless coward that wasn't man enough for responsibility then
yep. Thats about the long and short of it. The week earlier my mum was given 6 months to live so i had the worst time of my life and no support, was awful. My daughter in 9 now and doesn't really remember very much about him and she does not care that he is not in her life. It was hard for her early on but not any more.
Old 09 March 2010, 11:15 AM
  #18  
Leslie
Scooby Regular
 
Leslie's Avatar
 
Join Date: Aug 2002
Posts: 39,877
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by sarasquares
5 years? Not long to go....
I am not entitled to legal aid but i dont think the cost of a divorce is very much.

What i am worried about is if he knew i was divorcing him it might make him appear on my doorstep and i dont want that. I have looked on the net and there is no trace of him, where can anyone else look to find him? I know he wouldnt be claiming benefits of any kind and will not have a bank loan or even a bank account............he sounds really dodgy now
Its worth enquiring about legal aid, you might just find you are eligible after all. Once again a solicitor should have the answers.

Les
Old 09 March 2010, 11:29 AM
  #19  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by Leslie
Its worth enquiring about legal aid, you might just find you are eligible after all. Once again a solicitor should have the answers.

Les
The link that Sal posted says its about £50 so its not worth it. If it turns out to be more then i will wait until i am on a lower income.........cos he's not worth it
Old 09 March 2010, 11:42 AM
  #20  
Timwinner
Scooby Regular
iTrader: (3)
 
Timwinner's Avatar
 
Join Date: Aug 2008
Location: www.Surreyscoobies.co.uk
Posts: 2,768
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by sarasquares
I might have a look today and see what i can find out. Its about time i sorted it. I had the weirdest dream last night about Michael Winner.
I'll put in a good word
Old 09 March 2010, 11:50 AM
  #21  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by Timwinner
I'll put in a good word
Lol
Old 09 March 2010, 11:51 AM
  #22  
dazdavies
Scooby Regular
iTrader: (22)
 
dazdavies's Avatar
 
Join Date: Oct 2000
Location: N/A
Posts: 7,061
Received 82 Likes on 46 Posts
Default

Originally Posted by SwissTony
A cost of a divorce without any contention is around £1500

Is it ****! Mine has just cost me less than £400. That was based on the two year seperation rule and I bought one of those DIY divorce kits from staples.

An absolute doddle. The dearest part was the applying to the court which was £300.

Clearly this was straight a forward one as there was no property or kids involved.
Old 09 March 2010, 12:03 PM
  #23  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by dazdavies
Is it ****! Mine has just cost me less than £400. That was based on the two year seperation rule and I bought one of those DIY divorce kits from staples.

An absolute doddle. The dearest part was the applying to the court which was £300.

Clearly this was straight a forward one as there was no property or kids involved.
I called the number from the link and i can get the whole lot done for £397, this is called a clean break and they do all the work for you. If i go for the £40 option all i get is the paperwork which i have to fill in myself and apparently this is not easy. I will have to file the documents at the court on time etc and pay the costs so £400 looks like the best choice.

I think they said the £400 one includes a will as well.
Old 09 March 2010, 12:33 PM
  #24  
mart360
Scooby Regular
 
mart360's Avatar
 
Join Date: Jul 2005
Posts: 12,329
Likes: 0
Received 0 Likes on 0 Posts
Default

IIRC when i did my divorce..

if the other party contests the divorce and refuses to sign, the petiton

stays valid, and after 5 years, if no reconcilliation or revocation of the

petiton occurs, it goes through.

It may have changed now though.

regs

Mart
Old 09 March 2010, 04:56 PM
  #25  
SwissTony
Scooby Regular
iTrader: (19)
 
SwissTony's Avatar
 
Join Date: Mar 2003
Location: In the Doghouse
Posts: 28,226
Received 12 Likes on 3 Posts
Default

Originally Posted by dazdavies
Is it ****! Mine has just cost me less than £400. That was based on the two year seperation rule and I bought one of those DIY divorce kits from staples.

An absolute doddle. The dearest part was the applying to the court which was £300.

Clearly this was straight a forward one as there was no property or kids involved.
I had kids involved and property and it was under the two year rule, so I was guesstimating for sara. You on the other hand probably bought i darn the market
Old 09 March 2010, 05:06 PM
  #26  
Ian
Scooby Regular
iTrader: (10)
 
Ian's Avatar
 
Join Date: Jul 2005
Location: Cambridge
Posts: 7,845
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by mr_impreza
So a spineless coward that wasn't man enough for responsibility then

here we go again, talking about ur self again

Old 09 March 2010, 05:06 PM
  #27  
Jamie
Super Muppet
 
Jamie's Avatar
 
Join Date: Apr 2004
Location: Inside out
Posts: 33,364
Likes: 0
Received 0 Likes on 0 Posts
Default

[QUOTE=sarasquares;9274003]Ohh thanks Sal.

The sooner i am divorced the sooner i can fall in love with my rampant rabbit
Old 09 March 2010, 05:11 PM
  #28  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by SwissTony
I had kids involved and property and it was under the two year rule, so I was guesstimating for sara. You on the other hand probably bought i darn the market
It doesnt look like i can get a divorce without opening a can of worms.

I have spoken to the Custardy section of the divorce place posted up and they contact the police/courts to find him. He is then sent the paperwork.
I cant do this as he used to ****** my daughter and keep her from me and i would hate for him to try anything like this again. I was hoping that i could get divorced in his absence as its been this long.
Old 09 March 2010, 05:25 PM
  #29  
360ste
Scooby Regular
Support Scoobynet!
iTrader: (1)
 
360ste's Avatar
 
Join Date: Apr 2005
Location: In the Flatlands of Lincolnshire
Posts: 2,892
Likes: 0
Received 0 Likes on 0 Posts
Default

Do you have any proof of him snatching your daughter that could be put with the divorce paperwork in support of you having custody of your daughter.
Old 09 March 2010, 05:29 PM
  #30  
sarasquares
Scooby Regular
Thread Starter
iTrader: (1)
 
sarasquares's Avatar
 
Join Date: Jul 2003
Location: Selling the scoob to buy a CTR
Posts: 55,951
Received 1 Like on 1 Post
Default

Originally Posted by 360ste
Do you have any proof of him snatching your daughter that could be put with the divorce paperwork in support of you having custody of your daughter.
When it was all going on and he would withhold her i would call the police and they said that as i didnt have a residency order or something like that i could do nothing. I got a residency order in the end but i dont know if it has a time limit on it. Anyway, the order does not stop him taking her, it just means that on paper he is not allowed to.


Quick Reply: Can you get a divorce if the other person has disappeared?



All times are GMT +1. The time now is 07:58 AM.