I have applied for a dissolution of my civil partnership on the grounds of unreasonable behaviour (I was assaulted many times and my partner was arrested in 3 occasions) but my partner has ignored it and refused to sign the divorce petition
sent by the court. I know from an email that she sent me a while ago that she received the documents from the court.
The court has sent me a document with 3 options as to what to do next but I don''t really know which one to go for. I would really appreciate some advice on this matter.
* If you do not receive a copy of the completed acknowledgment of service within 14 days from the date of posting you may:
A. Apply to the court bailliff to personally serve the petition
. To apply you should send or bring to the court:
(a) Completed form D89("Request for bailliff service") which may be obtained from the court office.
B. Apply to the court without notice for the District Judge to consider whether the petition may be deemed to have been served in accordance with the Family Proceedure Rules 2010.
C. Apply to the court without notice for the District Judge to consider whether the directions
should be given.
If I go with options B or C, can the judge still grant me a Decree Nisi based on my petition
for dissolution or do I still have to go through option A first before choosing one of the two options (B or C)?
There is actually a 4th option: you can use a process server to serve your ex personally. They often have greater success than a court
. I understand that some do it on a no serve, no fee basis.
Deemed service is not a particularly easy process, and without very strong evidence it may be refused. An
affidavit from a process server or
bailiff that your ex has been served is good evidence.