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STBX has not returned acknowledgement of service

  • ANNE1234
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19 Sep 12 #356735 by ANNE1234
Topic started by ANNE1234
Help! Before heading off to Spain the divorce petition was received by my STBX. I thought he had returned the Acknowledgement of Service but it seems he hasn''t. What do I do? As the papers are in the house would it be proof enough to take a photograph of the petition? I don''t suppose if I showed the petition to my 10 year old that would be proof would it?

What do I have to do for deemed or substituted service which I have read about?

How much would it cost for a court process server to serve the papers again if it comes to that and the cost? He will be off back to wherever he came from again soon which is a problem.

A

  • TBagpuss
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20 Sep 12 #356937 by TBagpuss
Reply from TBagpuss
The court bailiff can only serve if your ex in in the UK. If he is only going to be here for a short time, it mght be more cost effective to hire a private process server, as they are usually more flexible about when and where they can try to serve.


aking photos ofthe Petition or showing it to a third party wouldn''t prove anything.

If the baliff or process server is unable to serve, then you can apply for demed service - the Judge would have to be satisfied that your ex had seen the petition - so you have to priovide a statement with details of all the ways it has been sent to him, why it''s likely that that will have ensured he has seen it, or at least knows of its existance.

If he is not responding, you could try scanning the petition and e-mailing it to him with a ''read receipt'' request, for instance, sending it to him as a ''signed for'' document, as well as ensuring it has been sentto the adress you belive he is living at (either here or overseas)

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