Correct advice re divorce ?

P

Plek Trum

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Hi all,
a brief but quick one. Close friend has sought advice regarding applying for a divorce from her husband. He has looked into same (does not want divorce for childrens sake, does not work, does not contribute to house, mental abuse to wife etc.. I could go on..)

She is the main (only) source of income. He told her that if he refuses to get a solicitor to represent him, then the divorce cannot proceed. Her solicitor said technically he is right.

She is rather stressed as you can imagine and I am just wondering if she has heard all this correctly. Surely that can't be right or else a number of unwanted divorces (from one party) would not go ahead?

Advise welcome.. thanks.
 
Your friend can still go ahead with divorce proceedings even if her husband does not have legal representation or even if he ignores the process. There are many cases, especially now, where people are choosing to represent themselves even where the other party has legal representation. The proceedings will still be dealt with.

I think the problem your friend will face is that her husband will ignore the proceedings. Again this does not mean that your friend won't be able to get a divorce decree. After many applications to court for what's known as judgement in default your friend will at least get a divorce decree. The ancillary orders however, ie what happens with house, maintenance, pensions etc, will be more difficult to secure and enforce.

I would say if your friend initiates proceedings her husband won't ignore them for too long.
 
I think the basis for proceedings is the Family Law Civil Bill (sets out your case in detail) which your solicitor draws up for your application for divorce. A copy is served on your husband who has a fixed period to respond, plus some grace if he needs a bit more time. Once your solicitor submits the Family Law Civil Bill to the Courts (normally the Circuit Court where you live or work) then the clock is ticking. So while delays & adjournments are almost inevitable your husband can't simply ignore the process, and a conclusion will be reached at some stage.
 
Thanks a million guys - I will gently advise her of this and see if it may be of some help - much appreicated.
 
have had personal experience just like this - ex refused to accept letters, ignored the entire process.. dragged the entire processs out for a year.. But in the end it worked against him, judge decreed it 'uncontested' and signed everything, house and full custody of children, to ex wife.
 
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