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no acknowledgement of service, what next?

  • sunshiny_sarah
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10 May 12 #329718 by sunshiny_sarah
Topic started by sunshiny_sarah
hello, i managed myself through my divorce with the help of this site (and my solicitor) 2 years ago...now i find i am trying to help my new partner do the same!!

he has been separated more than 5 years and so we decided to do a DIY divorce using an online service. we completed the Petition and statement of arrangements for the children (he has custody) and submitted it to court, no problems. his ex is an alcoholic and does not open her post so no surprise at 14 days later there is no response.

can anyone advise what we should do next? i know we can ask for the petition to be served again by a bailiff but i also read somewhere that you can ask the judge to consider the petition served - something to do with family procedure rules 2010. i must admit its all a bit of a blur to me and we are not sure what to do next. just wondered if anyone had been through the same process? many thanks in advance

sarah

  • dukey
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10 May 12 #329727 by dukey
Reply from dukey
I hope the online service you are using is managed by a solicitor B)

Even when you are using five years separation you still need to show service took place, this can be a process service or if you have proof the respondent knows your partner is asking for a divorce, so there are two ways.

Deemed service, the judge knows the spouse is aware but refuses to send the paperwork back.

Dispensed service, the judge knows your partner cannot find the ex for service but they have done all they can to do so.

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