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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11743
Experience:  30 years as a practising solicitor.
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hi there looking for some advice, 4 years ago I applied for

Resolved Question:

hi there
looking for some advice, 4 years ago I applied for a residency order for my son ryan, as I did not know my wifes whereabouts , sherrifs officers started to search for Nicola after a few months she could not be found, I found out where her grandmother lived, although her grandmother had not seen or heard from Nicola in years, the solicitors said they could serve the summons on her, now some 4 years on I have applied for a divorce, the solicitors asked me the same questions re Nicolas whereabouts , I explained the situation was still the same as to serving the papers on Nicola, I explained the Nicolas grandmother was not at the last address , I had been told by someone they thought she had died, the solicitor says they can not find a death certificate for her, and may be best if I contact the registrar with her husbands name and any other details I may have. Iwas told it could be put on walls of court, does the situation mean if I am unable to trace a relative of Nicola, I can not get a divorce, if so what is walls of court for, what is your thinking on this, I am paying part of the legal aid for this and don't want the costs increasing for no reason
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If there is no traceable relative, walls of court is the right way to go and will result in the divorce being uncontested as your wife is unlikely to be in the habit of checking the walls of court.
It will not add to your legal aid contribution. All you have to do is make a reasonable attempt to trace her or a relative.
I hope this helps. Please leave a positive response so that I am credited for my time.
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