No - not my divorce.....although if Himself doesn't do the jobs listed during the World Cup, it could happen....:rolleyes:

This is on behalf of a friend of ours - his wife left him, for his best friend, way back in 1996.   J has tried to serve divorce papers on her, but she has refused to accept them - says she isn't the person referred to in the petition - first solicitors made a mess of them, and used her maiden name, not married name & she says that the person referred to isnt her - and says she doesn't live at the address where the papers are served - has said this to Court Bailiffs.

She eventually decided that she would accept service - however judge has thrown them out because of dates - first date on petition was only 2 years after she had left.   I would add that they had been married for about 20 years - their children are now adults.

J is afraid that if he has to serve her with another petition that she will play the same games again - he's now met someone else that he wants to marry - and A (estranged wife) doesn't like this idea at all - although she is still living with the chap she went off with:rolleyes:

Any suggestions as to how J can go ahead?   He's lost all faith in solicitors (I think he's just about gone through the whole lot locally) and wants to do it himself.

Margot

Oh dear.......it sounds a dreadful situation for your friend :(
Sorry can offer no advice but hope someone comes along soon who can.

It sounds as tho' something is wrong with our legal system if he is having that much difficulty just serving the petition :( :( :( It's bad enough for people whose spouses have 'disappeared' :(

Daisy

I had a similar situation in that my ex did not want a divorce and literally threw the papers back at the solicitors delivery man... and refused to accept them, the answer he got back was sorry mate but you've been served.  If she answers the door and delivery person (i suggest they do not go looking like a bailif) askes are you so and so and they say yes then its all over, they are considered served, even if they throw the papers on the pavement and do not read, your solicitors delivery person should write a report to say what happened when the papers were served (mine did and it was very funny reading LOL) and this is given to the judge if they dont respond within the given time. They then have to respond to the judge.
It really should not be a problem.
Sharon

I thought that after 5 years you could get divorced without the other person's consent anyway, so how would they proceed then?

Tis true you can divorce without consent after 5 yrs so I'd tell you're friend get a divorce its long enough he can do it regardless of what she wants or doesn't, get a decent solicitor and tell him to sort it out for him.

Forgot to say he can use any solicitor in the country it doesn't have to be a local one.

5 years after seperation entitles the person to raise an action that can go through whether contested or not as long and there is evidence to show the finances are sorted out and also the children if any under the age of 16.

2 year seperation still requires both parties agreement.

Well then OP's Friend after 10 years should not have a problem, am surprised that his solicitors haven't told him this?

My parents divorce got left half way though for years, and then my Dad applied for it later.

Problem seems to be the fact that he has been told that papers MUST be served on his estranged wife .....she nver answers the door - her current partner does.... she hasn't entered her name on the electoral roll therefore there is no actual proof that she lives where she does......she always wants to know who she is before she identifies herself:rolleyes:

He's lost all faith in solicitors - so far two abortivie attempts to get this divorce have cost him well in excess of £2,000 - there are no young children involved, he's prepared to let her have the house and the land (probably valued in excess of £600,000) in exchange for a settlement of £60,000.

I think hes going to petition the Judge in person - hope that hopes him!

Margot