It is a common myth that you are not able to file for a divorce if you do not know where your spouse is living at the time. It is a relatively widespread misconception that if people wait for five years then they are able to file for a divorce without their spouse being any the wiser, but this is not the case.
Officially, for your divorce to be completed, the court requires that your spouse is either served with the divorce, or you must prove that you have done everything in your power to find them without success.
Your attempts to locate them can be evidenced by contacting their:
• Friends
• Relatives
• Last known employer
• Bank or building society
• Trade union or professional organisation
Given the rise of social media, it is now easier than ever before to contact or at least locate an absent spouse, even if you are no longer in personal contact with them. There are also records held which can be accessed either for free or at a minimal charge which contain people’s personal details.
If your efforts to locate an absent spouse are unsuccessful, you can then apply to the Court to dispense with the requirement of serving the divorce papers. An alternative is to make an application to the Court which can ask bodies such as HMRC or the Department of Work and Pensions to release the details of the individual’s last known address. However, this is only possible if your absent spouse still resides in the UK.
If you complete all these steps and are still unable to find the location of your spouse, the court can then use its discretion to grant a divorce in their absence, or to prescribe further steps (such as placing an advert in a local paper) which you must undertake before the court is sufficiently satisfied to grant the divorce. However, in the majority of cases it is enough simply to prove that despite your best efforts, they simply cannot be located.
Howells solicitors provide a wide range of online divorce options, from a DIY divorce through to a full managed divorce. Call free on 0808 178 2773 for more information.
by Richard Scott
