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Post Court Baliff

  • lulubabes81
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31 Jul 13 #402804 by lulubabes81
Topic started by lulubabes81
Hi guys - haven''t been on here for a while but I am no further forward with my divorce...thinking of stepping in with a solicitor of some sort but I really don''t want to be throwing money at this..

My divorce is filed with the court under unreasonable behaviour since 2011, and have been separated since 2010.

Ex to be has not answered the initial Petition that has been sent to him, or any mail that has been sent regarding. He''s acting like he is no longer around but I know he is as I saw him from afar only the other day.

I know I have the option now of paying the court bailiff (or an outside body) to officially serve the papers, so we have proof they have indeed been served to him and he''s aware of the divorce proceedings.
What I''m asking is - now what happens? does this in effect give the court powers to summons him/fine him for non response? what happens if he still doesn''t respond...?

I know in 2 years time I could pay to change the plea to a 5-year separation - does he have to officially answer this? - am I going to be in the same position of having to pay a bailiff anyway to get that done because he probably wont respond to that either?

He is just being a awkward for the sake of it.

  • .Charles
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31 Jul 13 #402840 by .Charles
Reply from .Charles
Once the Petition is personally served by bailiff or process served, the statement of service from them can be used to prove service. After that you can proceed with the divorce without further involvement from your spouse.

Just to be clear, the Acknowledgement of Service is the respondent confirming to the court that s/he has received the Petition. Where no acknowledgement has been completed, the court wants proof by another source and that proof is usually bailiff service or service by another party.

Charles

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13 Aug 13 #404306 by lulubabes81
Reply from lulubabes81
Hey - updated news on this

ive had the ex to be send me a not very nice email, but within this he admits to having had the divorce papers - is this something I can use as evidence of being served?

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