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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my chinese wife was deported back to china I now need a divorce

Customer Question

my chinese wife was deported back to china I now need a divorce how do I APPLY
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
Do you have an address in China for your wife?
Claire
Customer: replied 3 years ago.

hello Clare No i do not have a address all i have is the chinese marrage certificate which reads This is to certify that He Xiaoli female born on april 15th 1970 and Richard Phillips MALE BORN 27/06/1954 registered their marrage on september 24th 2009 in ZHUHAI CITY GUANGDONG PROVINCE. She was taken by the police to a immigration centre at milton keynes in june 2010 after being arrested for threatening behaviour with a knife to me and my daughter I was told not to make contact with her until she had been extradited so I am assuming that she has now been sent back to china

Expert:  Clare replied 3 years ago.
Hi
Have you made any efforts to trace her?
Claire
Customer: replied 3 years ago.

no I was told not to make contact with her and I would not know where to start in china to find her

Expert:  Clare replied 3 years ago.
Hi
I am afraid that if you wish to divorce your ex then you will need to make some efforts to trace her.
This would include contacting any friends or family she might be in contact with - and possibly instructing an agent in China to try and trace her.
If you do this and cannot find her then you are entitled to ask the court to dispense with service of the divorce petition upon her when you issue the proceedings.
Claire
Customer: replied 3 years ago.

I have a e. mail address but I do not know if it is still valid please would you represent me on trying to contact her on [email protected] kind regards Richard

Expert:  Clare replied 3 years ago.
Hi
Unfortunately we cannot have any contact outside of this question and answer forum
Claire
Customer: replied 3 years ago.

am I to assume I need professional advice now i.e a solicitor and this service cannot help me any more in seeking a divorce

Expert:  Clare replied 3 years ago.
Hi
At this stage you do not need a solicitor as such - you need to take steps to trace your ex. There is little point in paying a solicitor to do this when they are no more or less able to do so than you.
Once you have made every effort to trace her you can decide whether you wish to pay a solicitor to deal with the divorce - or whether you wish to deal with the paperwork yourself - the process is set out here
https://www.gov.uk/divorce/file-for-divorce
Claire

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