dispense with service

hi more help needed i recieved a letter from the court today telling me the copy of the Petition has not been served by the bailiff as several vists has been made last vist on 29 sept 09 the property is vacant. it then states if i do not have a address which service can be attempted i my apply to the court to dispense with service. the thing is she live there sleeps there but would not answer the door i go there couple of times a week to check post.as am staying at mate for time being. we do not speak at all so she is just being spitful.am in the prosess of hiring a process server sorting finacess at moment. but don`t understand what dispense of service with service on the respondent means excatly.

It means if a judge agree`s the divorce can proceed without the respondent signing the Petition and sending it back to court.

hi one more question if and when the judge decieds to proceed without her signing. will i be able to put in my ancerelly relief and get the finacial stuff going after all this is whats making her advoid signing the Petition.

The divorce and the Ancillary Relief are different applications so you would have to dispense with service on both.

However, if you know your wife inhabits the property, you can issue an ancillary relief application, requesting that the application and notice of hearing be returned for personal service, and have an enquiry agent/process server observe the property and personally serve your wife with the Petition and AR documentation when she makes an appearance. The court may be satisfied that your wife lives at the property and that postal service will suffice for all future documentation.

Any information you have of your wife's movements will assist the enquiry agent as s/he will be able to visit the property for short spells in the morning and evening (if your wife works) to minimise cost. Enquiry agents usually charge around £45 per hour - you should be able to get a positive result for around £250 assuming half a dozen visits to the property. This will be a saving in time and money over several applications for substituted service.

Charles

hi have to put a covering letter to the judge with the form D13B because most of the questions are related to not knowing where your partner is as mine is still in the house and just refusing to answer any idea on how i should write this covering letter thx in advance