My husband and I've been separated for 4 yrs,we got married in Japan,I have no diea where he is at the moment,how can I file for divorce in HK without a lawyer?what are the steps?
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At costs for divorces ruining from as low as HK$7 or 8,000 why would you even consider not hiring a lawyer to do this??....it is a PAIN....Elaine
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If you do not know where your husband is then you are not going to be able to get a divorce without making a concerted effort to find your husband as your husband will need to respond to the divorce papers! Before you go running off to a lawyer and running up a big bill you can try to make enquiries of your husband's family and friends etc and his last known address/place of empoyment.
A judge will need to be satisfied that you have made every effort to locate your husband before agreeing to dispense with service of the papers. You will ultimately need to place an advertisement in the SCMP in HK and a newspaper in the country your husband was last known to be in to advise that you have filed for divorce. A lawyer can help you with the last bit but you can do the legwork yourself. Divorce is simply a form-filling exercise and you should not use lawyers as private detectives/tracing agents. Matrimonial lawyers like to be spoon fed.
All these fixed quotes you see of sub HKD 10K are for simple uncontested divorces where both parties agree and exchange papers promptly etc. Once a case deviates from the norm the meter will rack up very quickly.
Try to find your husband first and get his agreement to divorce as well as the grounds and then approach a lawyer. Importantly, get an agreement between yourselves as to who will pay the costs of the divorce. The respondent normally pays but you can go 50/50 or agree to pay the costs of the divorce yourself. There is a space on the divorce petition for this to be agreed.
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Very good advice from Dr Strangelove.
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Beancurd, can I have your email address or tel. no. if you don't mind I have important
question for you.
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