If you've been having difficulties with a relationship and have come to the end of your tether, you may be keen to file for divorce. Yet your former partner may have other ideas and may want to avoid the situation altogether. If they've gone underground and you don't know where they are, can you just go ahead with the divorce anyway, or is there more to it than that?
Even though you may want to get matters over with as soon as possible so you can go separate ways, you will need to make your ex aware of what is going on. The court will not consider granting a divorce until they are assured that he or she is fully aware of your petition and understands the consequences.
They may, on the other hand, have their head in the sand to an extent. If you were effectively the breadwinner, then they may imagine that a divorce would hurt them financially. In this situation, they may do everything in their power to disappear in the hope that things may get back to normal or that you would not be able to file for the divorce.
Sometimes, this disappearing act may be very successful, and you may not be able to get in touch with them at all. You do, however, need to make a good effort and convince the court that you have run out of options.
As you work towards your goal, make sure that you keep proper notes and gather evidence along the way. Show that you have reached out to their place of work and have been in touch with common friends or relatives of the other party. If it costs you money to try and achieve this goal, keep all your receipts and draw up a schedule.
Eventually, you may draw a blank and cannot proceed any further. In this case, you'll have to apply to the court for a "dispensation of service" order. If you are successful, the court will then appreciate that you have taken all possible steps to appraise the other party, but have failed. They may then proceed towards divorce so that you can get back to your everyday life.
Unfortunately, this is the hard way to go about things, but it is nevertheless important. To make sure that you follow all the rules and make a good-faith effort, ensure that you seek advice from a qualified solicitor.
If you are struggling to serve divorce papers, contact a legal service today.Share
30 October 2020
I love reading novels that involve complex legal cases. I particularly enjoy those that are told from the defendant's viewpoint, but any well-written legal fiction will capture my imagination. My interest comes from being a court stenographer when I was much younger and seeing the dramas in real-life! Nothing irritates me more than a novel which includes legal fallacies. Fiction or not, I am a stickler for accuracy. I like to do research and check if a court case in one of my novels could play out in real life. It has become quite a hobby and I spend a lot of time in the law section of my university's library. I'm sure there are other people who are interested in the law for various reasons and I would like to share some of the knowledge I've gained. I hope you find my blog fascinating and worthwhile.