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jomo1972, Barrister
Category: UK Family Law
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husban left 8yrs ago.dont know where he is.trying to get a

Customer Question

husban left 8yrs ago.dont know where he is.trying to get a divorce since 02.but just cant!what can i do?

Submitted: 4 years ago.
Category: UK Family Law
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Expert:  A.Stewart replied 4 years ago.

Hi

Sorry to hear that.

You can apply for a divorce on the grounds of five years separation. If you and your husband have been living apart for a continuous period of at least five years prior to filing a divorce petition then you will be entitled to a divorce regardless of whether or not your husband agrees.

If you cannot locate him and you can satisfy the Court that you have tried everything to find him, then the Court can make an Order dispensing with service of the papers on your husband.

Hope this helps.

Regards.

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Customer: replied 4 years ago.

I have provided everything the court needed,it has been rejected so many times.i am unemployed for the last 10 months.I worked part time.i am on incapacity benefit recoving from spine operation.I can't provide any pay slips,but the court keep asking for them.I am sick of filling a divorce petitions being rejected every time. (private agents couldnt find my husbands where abouts)HELP!

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Expert:  A.Stewart replied 4 years ago.

Hi

Thanks for the clarification.

If you are on benefits, you should be eligible for legal aid and a competentt family law specialist should be able to achieve this for you.

Please visit the link below to check your eligibility for legal aid:

http://www.communitylegaladvice.org.uk/

Regards.

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Customer: replied 4 years ago.

sorry for late reply.I did get legal aid each time with up to date letters from the dss & pay slips.but was rejected each time.at this moment i only receive incapacity benefit for the last 10months.which i sent to them some time in nov 08."yes rejected"what shall i do?

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Expert:  jomo1972 replied 4 years ago.

The court wouldn't reject a claim in these circumstances. You've lived separately for five years and you are entitled to a divorce.

If you can't find him you can do what my colleague suggested.

You don't really need legal aid. If you can't get it thats not a disaster. Its a simple application that you can do yourself. You've lived separately for five years.

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Customer: replied 4 years ago.

Thanks for all your help. I've done all of the above you have suggested including the 5yrs separation last Nov 08.I really dont know what elese to do!!
From your very sad"Reject"Sarah.

Expert:  jomo1972 replied 4 years ago.

I'm afraid that I can't add much to this really.

Living separately for 5 years is a ground for divorce.

jomo1972, Barrister
Category: UK Family Law
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Satisfied Customers: 58742
Experience: Bar Exams, over 5 years in practice.
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