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Divorce and deemed service

  • awz1
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16 Mar 22 #519007 by awz1
Topic started by awz1
Hello,

After splitting up with my wife, I moved out of the family home into my mothers home. I applied for a divorce online which was sent to my wife in the family home. After receiving the divorce form through the post, my wife left the family home and lives at an unknown location.

I have now returned to the family home to find the divorce papers opened but still within the house. I have sent her a whatsapp message which she has read but not responded to asking her to sign the papers, which also had a screenshot of the divorce paper. Today we have had an email conversation where she has stated "You applied for the divorce, I am not sure what you are doing, or want." I also have another whatsapp message where she states "you have divorced me".

Is this sufficient for a deemed service application for the divorce, as she clearly is aware of the divorce. Also she does not seem to realise that she has to respond to the petition, and thinks the mere application by myself causes a divorce. There are no friends or relatives I can use to contact her in the UK.

  • rubytuesday
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17 Mar 22 #519012 by rubytuesday
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I wouldn't have thought so. Your spouse's message doesn't confirm that she has received the petition, merely acknowledges that you have started divorce proceedings.

You don't say what fact (ground) you used in your petition. If you have used either behaviour or 5 years separation, then you need to have the petition reserved on her in person - or possibly (if the court agrees) by email; then make the appropriate application for either deemed service to dispense with service so that you can progress the divorce. Wikivorce provide this service (and completion of the divorce) - divorce.wikivorce.com/services/divorce/d...-deemed-service.html

If you have used adultery or 2 years separation and she refuses to respond, then you will need to amend your petition to either behaviour or 5 years separation (whichever is appropriate) and have the amended petition served on her. divorce.wikivorce.com/services/divorce/a...omplete-divorce.html

You may need to use a tracing agent to locate her whereabouts and address.

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