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Not responding

Posted by Jess97 
Not responding
June 02, 2021 02:07AM
Good evening everyone.

My spouse got visa based on our marriage, we split up over one year ago. I applied for a divorce (unreasonable behaviour - lies, cheating, I said enough the time when he hit me) but he did not respond, did not want to share the address or even email. So I sent it to his sister that lives here and sent him a message. He told me that his sister does not live there anymore and refused to share a new one.

He clearly does not want to divorce me because his visa situation could change, he even admitted it once, but I need to move on with my life. I do not know what form should I apply to, or what could I possibly do to get it over with.

I am also a student - I don’t have enough savings to hire a proper lawyer.

Please help
Re: Not responding
June 02, 2021 11:39AM
You need to make an application to the court for what is called substituted service - ie the service of the divorce petition in such a way that the court can be reasonably sure it has come to his attention. If you had his email address sending the divorce petition to that email address would be one form of substituted service. Sending it to his sister's address could be substituted service if there were good grounds to believe that a petition sent there would come to his attention. Whatever the exact method used you do need to obtain the permission of the court first by making an application for permission to use substituted service.

If you have issued a divorce petition you could and should inform the Home Office of that. You do not need to wait until you have decree absolute.
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