hi there hope someone can help. my friend has been seperated for nearly 4 yrs and he is petitioning for divorce diy. it says seperation for 2 yrs with consent. his wife will not speak to him so he is concerned that she may not sign does he need the signiture or can he serve the papers via court bailiff? also children r involved and she prob will not agree to the proposed visits will that affect the divorce goin thru?
this is really urgent so pls reply guys! thanks
You would need to request the court to allow the court bailiff to personally serve the divorce documents on the respondent. The court bailiff would then swear an affidavit confirming service, should the respondent still not respond you proceed to the next stage, the application for special procedure whereby you would use the sworn affidavit as an exhibit. You will have to pay the court a fixed fee for this service.
After service you must allow 29 days for the respondent to file a defence (called an ‘answer’ in divorce proceedings) and, if they do not, you can then apply for the Decree Nisi (the first divorce decree).
Best of luck