divorce without consent
This is a discussion on divorce without consent within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; i have been seperated from my wife for 2 years, i now live abroad and am on a low income. ...
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i have been seperated from my wife for 2 years, i now live abroad and am on a low income. I wish to divorce my wife who i married in scotland (she lives in england) but dont have a lot of money to proceed, and also need to know if i can divorce her without her consent after being seperated for 2 years. We do have 2 children that she denied me access to, even though i was paying the recommended CSA maintenance for, which i stopped when she said i cannot see them. i walked away from the marital home with nothing but my clothes and personal effects and left her everything. I just want to be able to get on with my life now. please help!
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There is no such thing as divorce without consent. One party no longer wishing to be married is enough for judges to grant divorces. One cannot force the other to stay married to them.
You don't need a lot of money. File divorce papers in the same jurisdiction you're currently living and if you know her whereabouts, have her served there. If you wish to see your children, you should file a motion for contempt against her for withholding the children from you. Bear in mind that it is still your obligation to pay child support whether or not you actually see the children. The time spent not paying is just adding up and will come back to haunt you in the form of a hefty amount owed. Pay your child support no matter what. |
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thank you for your answers. I checked out the CSA website to ensure that i can stop payments, and due to the fact that i live in spain, and do not work for a british based/registered company payments do not have to be made. i was giving the exact money she was entitled to for the kids, and all she ever done was moan about it, saying its peanuts and i should pay more than the minimum (one of the reasons i left her was because i was working 16hours day shifts and never saw any money for my 50+K i earned every year, i only got sundays to spend with the children if i was lucky and never really built up a relationship with them because of her) I know its important to carry on paying for the children, but the csa website stated i dont have to, and i dont think it was ever spent on them anyhow. but thank you for your info. at least i know i can divorce her, i was wondering if the british consolute/embassy would help me out sorting the divorce???
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