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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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my partner danny franklyn started court procedings

Customer Question

my partner xxxx xxxxxx started court procedings for a divorce but went into prison and hasnt heard nothing weather he is still married or not his ex has a court injunction on him and he hasnt seen or spoken to her in 6 years we have tried several solicitors and when we think were getting somewhere we get turned down and solicitors dont wish to take on the case? how else can we find out we tried calling the court but got no where just numbers and we go round and round in cirles pls help as his back in prison now but wants to know? many thanks

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but need some further information first.
How far had the divorce reached?
Were any papers issued?
Claire
Customer: replied 4 years ago.

xxxxx xxxxx went into prison 2011 and was out 2012 but recalled back recently he has no papers served but he did receieve one and signed but told the divorce got dropped as far as his aware but there has been no contact between two parties in question for over 5 years.

Expert:  Clare replied 4 years ago.
Hi
Does he remember who the solicitors were?
Claire
Customer: replied 4 years ago.

yes it was stinburges in dagenham and a waomen called amanda something but him and his family and friends are not allowed to make contact and im gathereing this also goes for myself too. his ex was placed in a safe haven so we wouldnt know where she is all we know is swindon. we have tried contacting them but not getting anywhere and when we think we are getting some where we get nothing all he wants is a divorce which is proving really hard for him.

Expert:  Clare replied 4 years ago.
Hi
Were that form acting for your partner or his ex?
Claire
Customer: replied 4 years ago.

it was just stating the injunction and he had to sign it but he still doesnt know if his married or not there has been no divorce papers but no contact for over 6 years

Expert:  Clare replied 4 years ago.
Hi
Sorry - my bad typing.
Was that FIRM acting for his ex or for him and have you contacted them again?
Claire
Customer: replied 4 years ago.


that was his firm

Customer: replied 4 years ago.


many thanks for ur time i'll get more information and contact them.

Expert:  Clare replied 4 years ago.
Hi
Then that is your starting point - you need to contact them and ask how far the divorce went.
If that is not successful then you can use this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d440-eng.pdf
to find out if a Decree Absolute has been granted.
If not then your partner can issue a Petition based on the fact that they have lived part for more than 5 years.
I hope that this is of assistance - please ask if you need further information
Claire