Like many people divorcing, a client of ours attempted to complete his own divorce application.
Unfortunately, he could not serve the other side as he could not find her (she did not want to be found because she did not wish to be divorced). After spending considerable time searching for her, he came to us as he did not know what to do.
Therefore, we assisted our client in making an application for dispensation of service and drafted an affidavit in support of the application on his behalf. We included details of the searches that were completed on his behalf and submitted this information to the court, together with an application for dispensation of service.
The application for dispensation of service was granted due to the detail of the affidavit in support of the application. This means that the wife did not have to be served [ordinarily the application for divorce must be served on the other spouse]. The divorce order was also granted.
After the client’s divorce was granted, he updated his Will to exclude his ex-wife from his estate (which is a blog in itself for another day)!
So, if you are attempting to file for divorce by yourself and are hitting roadblocks, speak to us about how our one low fixed fee, which includes the preparation of the application to the granting of the divorce, may help you.
This article provides information that is general in nature and is not a substitute for legal advice.