How to divorce after 5 years of separation
It is possible to get divorced if you have been separated for 5 years or more without the consent of your spouse.
This sounds easy, right? Well yes it is, if:-
- You know where your ex spouse lives.
- They acknowledge the proceedings in writing, by responding to the acknowledgement of service sent to them by the courts.
Divorce after 5 years if you know where they live.
The divorce will be based on a 5 year separation divorce petition, which is filed at a regional divorce centre with the £550 court filing fee.
The divorce centre will then post a copy of the 5 year divorce petition to your spouse with a form called an acknowledgment of service.
Your spouse needs to return this form to the court to acknowledge they have been served by post with the divorce petition.
If they return the form to the divorce centre, you can then apply for the Decree Nisi, which will be granted and then the Decree absolute.
The whole process should take about 4 months, depending on how busy the divorce centres are.
Divorce after 5 years if they won’t co-operate
If once you have served the divorce petition, your spouse does not respond to your 5 year separation divorce petition, you need to prove that they have been served with the divorce petition.
You can either ask the court bailiff to serve them personally or hire a private process server to do this for you.
Either way it is going to cost more money. Roughly £150-£200 for a private process server or £100 for the court bailiff fee.
Once they have been served you can produce the statement of service with your decree nisi application, which proves they have personally received the divorce petition.
You can then proceed to decree nisi and then decree absolute.
Divorce after 5 years if there is no address for your spouse.
If you don’t have an address for your spouse, the process becomes a lot longer and sometimes more expensive. This is the process that stumps most litigants in person.
There are a number of equally valid options available to you.
- You may have to apply to the divorce centre for a court order against a government department to divulge the current address of your spouse, if you believe they are living in the UK or they are a UK citizen
- You may have to apply to dispense with service of the divorce petition if your spouse is abroad and cannot reasonably be found through normal channels.
You need to say that you have tried to find their address but have been unable to do so.
- If you know the address of someone close to them or their work address, you can apply for them to be served via someone else.
So, as you can see getting a divorce based on 5 years separation is not a case of applying for a divorce without having to do anything, despite what you may have been told in the pub or the Daily mail.
Quickedivorce can assist you with this process for a low cost fixed fee, so there is no need to be worried that the costs will escalate.
- The divorce process in England and Wales
- How long does a divorce take?
- How much does a divorce cost?
If you would like low-cost help in dealing with this kind of divorce please contact us on 01793 384 032 or speak to one of our trained advisers on livechat.