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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I'm married in Italy on 2001, were we had 2 children,now

Resolved Question:

Hello Good Morning,
I'm married in Italy on 2001, were we had 2 children,now they got 12 and 16 years old, on 2011 she decide to back in Portugal(she is Portuguese and doest have the Italian Citizenship,she never want it)we had some problems on communication each others my mum never accept her in our home,for a while we was living together after we was living for 10 years on the low floor of the house all independent from upstairs floors. On the same year i decide to go and work in England until the present time. I send regular money for the expenses of the children,we a kind of tacit agreement a couple time a year I'm going to visit them no problem. I have no longer the Italian residence because as Ital***** *****ving abroad I have to record my self on A.I.R.E. After six years alone after all this time I find a new girl friend that I explaining to her this situation which she understand. Now my question is how can I manage the divorce?Do I need to go in Italy or i can do on line sending paper trough Embassy and the action needs trough the post?Thanks my regards
Submitted: 26 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 26 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I understand that you have been residing in England for 6 years. If it is your intention to remain resident here the you are able to petition for divorce in this Jurisdiction.

I note that your question relates to the service of the divorce papers upon your wife.

Initially when you complete the divorce petition you should include you wifes address on these papers. In the first instance the court will serve the court papers by post once they have had issued your divorce petition.

Your wife will be allowed additional time to respond to your divorce petition (by completing the acknowledgment of service form that she will be sent by the court). If your wife responds to the divorce petition then you do not need to tkae any further action in relation to serving the divorce papers on your wife.

If your wife does not respond to the divorce petition then the family procedure rules set out that the court papers must be served on your wife through the local embassy/ local court and you can apply through the family court in this jurisdiction to do this.

kind regards

Caroline

Please kindly remember to use the stars to positively rate so that credit is received for helping you today

Customer: replied 26 days ago.
thank you were i can find those papers?
Customer: replied 26 days ago.
sorry i can not call you my mobile is broken...
Customer: replied 26 days ago.
how much will cost please?
Expert:  ukfamilysolicitor replied 26 days ago.

Hello

Thank you for your response.

The pop up for a phone call is automatic - you can ignore that.

This site will help you complete the divorce papers:

https://www.gov.uk/divorce

This is the form that you need:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115

The court fee is £550. You may be eligible for a reduction or remission dependant upon your circumstances.

Kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 26 days ago.
that will be good for church as well?...because i was murry in church. or just for civil part?
Expert:  ukfamilysolicitor replied 26 days ago.

Hello

Yes once you are divorced you are free to remarry. It is up to the church as to whether they allow you to marry in their church.

kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 26 days ago.
after how long i been divorce i will be able to remarry?
Expert:  ukfamilysolicitor replied 26 days ago.

Hello

As soon as you have decree nisi in the divorce proceedings then you are able to remarry. If proceedings are not contested then this could be around 4 months, if contested this will be longer.

kind regards

Caroline

Customer: replied 26 days ago.
that is valid even with the 2 sons i got?
Expert:  ukfamilysolicitor replied 26 days ago.

Hello

Yes - once you are divorced then you are legally divorced and free to remarry.

kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 26 days ago.
ok thank you very much if i got some others question in the next few days do i need to pay again regards ***** *****?thanks
Expert:  ukfamilysolicitor replied 26 days ago.

Hello

Happy to help.

No - if you leave positive feedback then your question will remain open and I will be able to answer you follow up questions for free for you.

kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 26 days ago.
thank you very much fro your help very kind of you have nice day 5 stars Caroline
Expert:  ukfamilysolicitor replied 26 days ago.

Thank you for your kind words. Let me know if I can help you further

kind regards

Caroline