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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1097
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I would like to proceed with my divorce but I can't get

Customer Question

Hi, I would like to proceed with my divorce but I can't get my husband to respond to any of my polite requests to meet or discuss the matter. I'm worried if I hire a solicitor I'm going to be paying lots of fees just to get him to respond. Any advice on how to proceed with a partner that won't communicate. Best Wishes, Emma
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Emma
I am a Solicitor and will assist you.
Please may I ask:
- have you issued your divorce petition yet?
- do you know where your husband can be located?
Kind regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, thanks for responding, I haven't issued a divorce petition and yes I do know his residential address.
Customer: replied 1 year ago.
If I send him the petition I think he'll just ignore it.
Expert:  ukfamilysolicitor replied 1 year ago.
Thanks for your response Emma
You can start the divorce now if you want too.
If your husband doesn't respond to your divorce papers then you can ask the court to personally serve the court papers on him - a court bailiff will do this for £110. A private process server can do the same job - usually cheaper and faster.
If your husband still doesn't respond after having been served with court papers then you can carry on in the divorce without needing any further input from your husband.
If finances are an issue then first step is to refer to mediation. If your husband won't respond then you can refer the finances to court and the court will make him comply - otherwise they can add a penal notice to an order and even commit him to prison if he won't.
Kind regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
Ok thanks my min hesitation is that he left me in the middle of my cancer treatment, awful I know! I'm back working now but it's been a tough 2 years. He is paying my health insurance at present it's £600 plus he's also paying me some maintenance of £650 per month. I'm worried if I serve the papers he'll stop my maintenance and leave me in a very difficult position.
Customer: replied 1 year ago.
Meditation would be great, it's scary living with so much uncertainty
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am so sorry to hear this! You do sound like a tough cookie!!
If he does take such action as a response to you petitioning - then you can make an urgent application to the court for an Interim Financial Order so he has to keep supporting you until the finances are sorted.
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Emma
For the finances you do have to try mediation first. (Not for divorce)
But if he stops paying you can apply for an interim order without mediation.
Kind regards
Caroline
Customer: replied 1 year ago.
Ok so is Step 1 apply for Mediation then? How do I formally do this without a solicitor? The solicitor that I've had a quote from said if the process is straight forward it will cost between £1500-2500. If it goes to the court to resolve the financial matters it will be more like £10,000. I'm a ballet teacher recovering from stage 3 cancer I don't have that kind of money lying around.
Customer: replied 1 year ago.
we have no property to settle or children involved just maintenance, superannuation and health insurance to discuss
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You can self refer to mediation.
Just google Family Mediation in your area and give them a call to get the ball rolling ;)
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
They all still count as part of the matrimonial finances
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
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