deemed service

Hi i am new to this forum. I have searched this website and the hmcs website but have not found the answers I need. I have already filed the divorce petition on 5 years separaation. I know it has been received. His best friend's girlfriend told one of my friends he had had them. We don't speak and haven't for many years. He currently lives with his girlfriend and their child.
I have now gotten the copies I need from the court to give to the process server. The official copy and the blank d10. What I want to is how many days do I have to wait once the process server serves the papers before I can apply for deemed service? Do I follow the d10 which says 7 working days including the day of receipt? or As the woman at the court told me I can apply as soon as I have the affidavit from the process server?
I am a bit confused and frustrated because when I went to the court to file the petition orignally I was told exactly how long he had once he had received the papers and it is quite clearly available on the hmcs website. But there is no information about "deemed service". It just says that deemed service may be used if the respondent doesn't reply.There is nothing on what forms or time limit. I think I will wait the prescribed 7 days as outlined in the d10, but would like to know if it would be possible to do it sooner.

While I was there I also asked if there was a form for deemed service. She gave me a blank application notice. Is that the correct form for deemed service?


any help would be greatly appreciated. Thanks

You have sent one Petition with no answer so no need to wait, the process server can go now,once you have the affidavit fill in the form from court, the on notice application, the new form has an estimate of time needed 15 minutes is enough.

You are asking for deemed service due to the respondents refusal to acknowledge a divorce application based on the factor of five years separation, process servers affidavit attached.

Does that help?.

Yes. Thank you very much. That's great. I was confused looking through the forum because I saw wait 8 days, wait 14 days, and then the woman at the court said no need to wait. Wasn't sure which one to follow.

On the court form itself I have a few questions not sure if you can help. "Question 3 asks "What order are you asking the court to make and why? Please attach a draft order copy of the order you are applying for." firstly I am assuming there is no specific wording for this part, as in the divorce Petition where it told you exactly how to write it out. Secondly in reference to the draft copy it states it should include costs to be paid by the other party and how they were reached. I am not asking for anything or for him to pay anything. So should the draft copy just be the same answer as I put in the form for question 3?

And question 9 says who should be served with this application? provide names and addresses. Do I have to send the stbx a copy or is just myself enough? I am hoping it is just referring to someone who has a solicitor, which I do not.

Thank you very much. You have been very helpful.

What order are you asking for, deemed service.After service by a process server.

Costs, no costs sort.

No there is no standard wording, plus your not a lawyer so keep it simple.

Qu 9. This is an on notice hearing so they will send the respondent a copy,so the respondents name address ect, do three copy's take two to court they will send one ton the respondent.

I think that covers it,shout if not.

Yes. Deemed service after delivery by process server. You've answered all my questions but am a bit confuces on Q3 "Costs, no costs sort." and the draft order. So if i say (paraphrasing here) i want deemed service b/c original not returned to court and use affidavit by process server in the blank on the form and then use same statement in draft order but say no costs to pay, would that be correct?

Also not sure whether to include how I know he received it as it wasn't told directly to me, but through friend of a friend. Not from the horse's mouth.
Many thanks

Q3 is asking if you intend to claim the costs of the suit if you intend not to ask the respondent pay your costs for the actual divorce,write no costs sort,job done.

Regardingbhow you knew the first Petition was received it's irrelavent, the process server served the petition and has provided an affidavit to that effect, this is all the judge needs to allow the divorce to move on without the AoS from the respondent.