A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

After Process Serving

  • Spup
  • Spup's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
4 years 5 months ago #478019 by Spup
After Process Serving was created by Spup
Hello!

I''ve had to use the services of a process server after my wife (separated for over 5 years) hasn''t returned the acknowledgement of service .

What next?

I''ve got the affidavit showing the papers have been served, can I now apply for a Decree Nisi (what the court has told me to do) or should I send the affidavit and apply to dispense with service?

Furthermore, I''ve read somewhere that 29 day waiting period is required to give chance for response?

Many thanks.

Please Log in or Create an account to join the conversation.

  • .Charles
  • .Charles's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
4 years 5 months ago #478025 by .Charles
Replied by .Charles on topic Re:After Process Serving
You don''t want to apply to dispense with service as you have already served the petition .

What you need to do now is apply for an order for deemed service. This is when you ask the court to consider your proof of service and if that proof is good enough the petition will be deemed to have been served. A process server''s statement of service will suffice.

Charles

Please Log in or Create an account to join the conversation.

  • Spup
  • Spup's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
4 years 5 months ago #478050 by Spup
Replied by Spup on topic Re:After Process Serving
Thank you kindly Charles.

Would you advise I apply for the Decree Nisi at the same time?

Please Log in or Create an account to join the conversation.

  • .Charles
  • .Charles's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
4 years 5 months ago #478067 by .Charles
Replied by .Charles on topic Re:After Process Serving
Yes, if an acknowledgement of service is received you would use that to apply for a decree nisi .

In your case you are seeking deemed service in lieu of an acknowledgement of service in order to obtain the decree nisi.

In both cases you are requesting the court to issue the decree nisi. It''s like two people going to a restaurant for food. They order different dishes but they still get fed.

Charles

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11