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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I tried to divorce husband twice. The court

Customer Question

Hello,
I tried to divorce for my husband twice. The court sent to him the form. That happened 5 years ago.but he didn't want to sign .also he refused to talk with my solicitor. I don't know where he lives and I tried to contacted him but doesn't unswer. I need to do the divorce because I got 2 kids. And I need to get the costudy. He Doesn't manteniment our kids and he doesn't visited them. Don't any contact to them. What can I do? Please help me
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
What happened with the previous divorce proceedings? Were the proceedings withdrawn or not?
If they have been withdrawn, you will need to make a new application and this time it can be done under the fact of five year separation. The court will still need to be satisfied that he has either been served with the petition, or for the court to agree to dispense with service if you cannot find him.
You will also need to include an address for him in the petition, you can use his last known address but if he does not respond with the acknowledgement of service form you will need to make an application for either deemed service (for the court to be satisfied that he has received the petition) or to dispense with service (if you cannot find him) - you will need to demonstrate you have tried everything to find and serve him, which includes instructing a process server to trace him and attempt to personally serve him.
In relation to child maintenance, you can make an application to the CMS for this and they will calculate how much he should be liable to pay based on his gross income, but again you need his contact details.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.