After Process Serving

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.

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

Thank you kindly Charles.

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

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