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He wont respond

  • royal30
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14 Aug 10 #219199 by royal30
Topic started by royal30
Morning all

I have found out where he lives and informed the court. They sent the paperwork to him in June and i recvd an email from him to say that has recvd it BUT he has yet to respond and talking to him he does not look like he will. I contacted the court and they sent me a D13A form but reading it its for when you dont know where the person is.

Does anyone know the name of the form that i should be asking for because basically I want the judge to proceed with the case.

thanks in advance

  • Leo
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24 Aug 10 #220828 by Leo
Reply from Leo
Hi Royal 30!

When filing for divorce the following procedure is the norm:
You submit form D8, divorce petition ( 3 copies) together with the necessary fee (£300) and your marriage certificate.
The courts will send you form D9H (notice of issues of the petition), this will tell you when the petition was sent to the respondent (your other half)
The service will will include a form D10 Acknowledgement of Service.
Your other half then has 8 days from the receipt of the petition to acknowledge the service i.e. tell the courts that they have received the Petition.
If your other half ignores service then you should contact the courts and obtain two copies of from D89 (request for bailiff service). You will need to supply a photograph of your other half together with a description.
The bailiff will then personally serve the petition on your other half (this will involve a fee).
When the petition has been served you will be informed.
When you receive Acknowledgement of Service you must fill out form D80 (obtained from the courts) this is a sworn affidavit which just confirms the contents of form D10 as being correct.
When you have completed form D80, take it to your local family court and 'swear it' before an officer of the court (one of the staff behind the counter). The official will ask you to read out an oath stating that the contents of your form D80 are correct. There is no fee involved in this process. You can swear the affidavit in front of an independent solicitor but there will be a fee involved.
At this stage you will have done everything you need to do. A district Judge will check the paperwork and (if it's in order) issue a certificate of entitlement ( form 84A) which will be sent to both parties informing as to when the decree-nisi will be issued.
After a period of 6 weeks and 1 day you can the apply for the final divorce, the decree-absolute.
Any Consent Order or application for Ancillary Relief should be made after the decree-nisa and before the decree-absolute.

I have tried to give you a brief step by step guide which is in a very simplistic format. Hopefully it goes some way to answering your question.

Best of luck!

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24 Aug 10 #220831 by WhiteRose
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Excellent description Leo and in laymans terms we all will understand!

  • royal30
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24 Aug 10 #220845 by royal30
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you have made it soooo much easier to understand...thanks!!!!

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