Hi,
My spouse left me a year back when we were married for just around 1 year. She left in my absence while I was in the office. After 3 weeks, I received a letter from her lawyer stating that separation has taken place and I should not contact her and any communication should be to him only. Since a year has passed, I filed my Application Form 8A for a Simple Divorce in the court and got the court file number. I went to her lawyer's office to serve the Application Form for divorce but he refused to accept service saying he is not a Retained Lawyer for her and he does not even know her whereabouts. Since I do not have any contact details for her, I am unable to serve documents to her. I went back to the court and the clerk advised me that I must file form 14A - Affidavit, 14B and 14D. She said I can request the judge for either Substitutional service or to pass an order that service is not required.
Now the Affidavit that I am giving with all details about efforts I have taken to serve the documents to her, how detailed should it be? Can I give background of all the hell she subjected me to before separation? Since she herfself made the lawyer send me the separation notice but now has not even bothered to inform me her contact details nor inform me if she has a new lawyer, what are the chances of me getting an order from Judge that service is not required? The court clerk found it very odd that her lawyer who made it very clear that communication should be with him only has refused to accept service. The fact that she has not retained him as a lawyer probably means she has no lawyer and maybe does not intent to contest the divorce.
Any suggestions how I should go about things? Any help and guidance would be really appreciated.
Thanks.
Regards,
Narayana
My spouse left me a year back when we were married for just around 1 year. She left in my absence while I was in the office. After 3 weeks, I received a letter from her lawyer stating that separation has taken place and I should not contact her and any communication should be to him only. Since a year has passed, I filed my Application Form 8A for a Simple Divorce in the court and got the court file number. I went to her lawyer's office to serve the Application Form for divorce but he refused to accept service saying he is not a Retained Lawyer for her and he does not even know her whereabouts. Since I do not have any contact details for her, I am unable to serve documents to her. I went back to the court and the clerk advised me that I must file form 14A - Affidavit, 14B and 14D. She said I can request the judge for either Substitutional service or to pass an order that service is not required.
Now the Affidavit that I am giving with all details about efforts I have taken to serve the documents to her, how detailed should it be? Can I give background of all the hell she subjected me to before separation? Since she herfself made the lawyer send me the separation notice but now has not even bothered to inform me her contact details nor inform me if she has a new lawyer, what are the chances of me getting an order from Judge that service is not required? The court clerk found it very odd that her lawyer who made it very clear that communication should be with him only has refused to accept service. The fact that she has not retained him as a lawyer probably means she has no lawyer and maybe does not intent to contest the divorce.
Any suggestions how I should go about things? Any help and guidance would be really appreciated.
Thanks.
Regards,
Narayana
Comment