Address

Item 4 on divorce petition asks for the petitioner's address. My question is: I travel backwards and forwards from Turkey to the UK and when I'm in the UK I stay with my friend or my daughter. Is it acceptable to put either of their addresses on the form? I'm assuming the address is needed in order to send mail? Any advice would be greatly appreciated. Thanks

Hello Soozie and welcome to wikivorce,

To answer your question, please see this extract from the Wikivorce step-by-step guide:

Petition For Divorce

Petitioning for divorce is the first step in the process to dissolve the marriage. One spouse petitions (and becomes the petitioner), while the other spouse becomes the Respondent.

The main decisions at this point are to decide:

1) Where to Petition (i.e. in which jurisdiction, England and Wales? and which local county court).
This is a fairly straightforward decision for most, but for people who are from different countries and were married or have recently lived abroad it may not be so clear cut. In very general terms the English courts have jurisdiction to grant a divorce if either spouse:

(a) is domiciled in England or Wales when the proceedings are begun, or

(b) is habitually resident in England or Wales throughout the period of one year ending with the date on which proceedings are begun.

The most obvious category of people who have an English domicile (and who are thus able to obtain a divorce in England) are those who are working for the time being overseas and this can apply to either or both partners. Notice that only one or other spouse needs to be "domiciled" here (or habitually resident ) in order for either to be able to lodge a divorce petition in the English courts. The other spouse can be of any nationality, habitually resident anywhere or domiciled anywhere.

One can live overseas for a very long time without necessarily losing one's English domicile. This is because one can live overseas with the express intention of returning to England at some time in the future. If that is the case one's English domicile is not lost because one happens to be overseas. In fact, intention plays a very important role in deciding where one has one's domicile and it is quite difficult to prove a person's intention one way or the other. In practice, if one is British it is quite easy to petition for divorce here although one happens to be living overseas. And it is not usually necessary to return to the UK in order to be able to do so.

I would say that for ease of communication and speed, it is better to use a UK address.

Mike

I have a feeling he disappeared abroad but I have no proof. On the Petition notes it states at Item 3 to enter one of the following paragraphs. If I was to say any of the paragraphs I have to give an address of where I have lived for the previous year or previous six months which is not the case as I only stay occasionally in the UK. This is getting very complicated. I only want to divorce my husband!!
HEEEELLLLPPPP!!

If you don't think that you conform to the residence rules above and you think that he might appear and contest the divorce and challenge your UK domicile (your intention to return to the UK at some unspecified time in the future) then you will have to divorce him in Turkey

However:
(a) is domiciled in England or Wales when the proceedings are begun

One can live overseas for a very long time without necessarily losing one's English domicile. This is because one can live overseas with the express intention of returning to England at some time in the future. If that is the case one's English domicile is not lost because one happens to be overseas. In fact, intention plays a very important role in deciding where one has one's domicile and it is quite difficult to prove a person's intention one way or the other. In practice, if one is British it is quite easy to Petition for divorce here although one happens to be living overseas. And it is not usually necessary to return to the UK in order to be able to do so.

All you need to say is that you are still domiciled in the UK and give your turkish address.

Where were you both living last time you had contact with him?

If it was in the UK, you could try a uk enquiry agent to check electoral registers in the UK to prove you have tried to find him.

Mike

I intended flying back to the UK to put in the divorce Petition. There is absolutely no chance of him appearing as he hasn't appeared so far!! He was an alcoholic and for all I know he could be dead! We were both living together in Cleveland up to March 2005 then he left to go who knows where. I initially made enquiries from a few friends to see if they knew where he'd gone but to no avail. He used to talk about going to America, Canada or Australia but whether he got there or not I wouldn't know.

Soozie,

Have a look at this link - see what they could do for you and for how much:

www.hotfroguk.co.uk/Companies/TEES-VALLE...land-Newcastle-54418

Mike

Thanks Mike, I'll look into it. You're a star!