How to obtain a divorce when your spouse won’t return the papers

How to obtain a divorce when your spouse won’t return the papers

You can’t make progress with your divorce if you can’t prove your spouse has received a copy of the divorce petition.   Once you have submitted your divorce petition to the Court,  the Court will send the following to your spouse:

• A copy of the issued Divorce Petition
• Blank Acknowledgement of Service
• Notice of Proceedings

Your spouse is expected to complete and return the Acknowledgment within 8 days. This is the proof that your s/he has received the petition.  Once the Acknowledgment has been returned, you can progress your divorce to the next stage.

If your spouse ignores or refuses to return the Acknowledgment, you might want to consider the following:

Deemed Service

If you know s/he has received the papers, you can make an application to the court and ask the court for an order for “deemed service”.  You may rely on evidence such as text messages, emails, letters or posts on social media from your spouse which confirm that they have received the petition.   

Personal Service

The other option is having the Divorce Petition served personally on your spouse, either by a Court Bailiff or by a Process Server.

1. The court bailiff will be asked to deliver the Petition, Acknowledgment and Notice of Proceedings to your spouse personally. You will need to provide the Court with a recent photograph/description of your spouse.
2. Instructing a process server may be quicker and more economical then a Court Bailiff. The process server will also personally serve the Divorce Petition, Notice of Proceedings and blank Acknowledgment of Service Form to your spouse.

Once the job is done, the process server will provide you with a Certificate of Service and the divorce can progress. 

You can then apply for a Decree Nisi without waiting for your spouse to return the Acknowledgment.

How We Can Help

At GoodyBurrett, we provide skilled advice and assistance with your divorce.

For just £99 + VATwe can offer you an initial consultation to provide preliminary guidance to enable you to decide on the best way forward. Please do not hesitate to contact our Family team on 01206 577676 for more information.