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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am trying to get divorced from my wife who I have not spoken

Resolved Question:

I am trying to get divorced from my wife who I have not spoken to for 8 years. A petition has been sent to her 4 weeks ago but has not been returned. The court has said I must apply for an order to dispense with service of the petition, what does this mean?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you know where your ex lives?
Clare
Customer: replied 2 years ago.
Hi Clare
This has been going on since Oct 2014. A petition was sent out to her but came back "gone away". I finally tracked her down and the petition was sent out by the court 5 weeks ago. Nothing was returned.
Looking on the gov website it states that if there is no response then after 21 days you can carry on as if they have agreed.
I have had no contact with her for 8 years now, there are no children involved nor any financial connection.
So why is this proving so difficult ?
Thanks
David.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that you have to prove that she has seen the Petition
The simplest way to do this is to pay a process server/private detective £80 - £100 to serve it on her - then you can indeed simply go ahead regardless.
Applying to dispense with service is less likely to succeed unless you have already tried personal service and it has failed.
Please ask if you need further details
Clare
Clare and 3 other Law Specialists are ready to help you