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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have submitted a divorce petition which was issues on

Customer Question

Hi, I have submitted a divorce petition which was issues on 11/10/16. If the respondent does not reply can I go straight to the judge for a decision. I have been separated for almost 7 years, no financial arrangements to deal with and no children.
If so, what do I need to do.
thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

First you need to call the court - ask them if they have received a response.

If they haven't the easiest way for you to carry on with the divorce is to have your spouse personally served with a copy of the court papers.

You have two options to do this.

1) you can instruct a court bailiff. This is a set fee of £110. They are sometimes slow.

2) instruct a process server local to you. This may be cheaper and quicker. Have a google search in your area and get a few quotes. If you go for this option you need to ask the court to send you the sealed court papers so you can give them to the process server.

With either option – once service has happened – you can then apply for decree nisi. You just need to attach a copy of the statement provided by the process server or bailiff to say that your spouse has been served.

Let me know if I can help you further.

Kind regards

Caroline

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Customer: replied 1 month ago.
I am aware of this, but I read I can go direct to the judge, this is what I want to know and what firms I use. It's been 7 years.
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Do you know where your ex is living?

Customer: replied 1 month ago.
Expert:  ukfamilysolicitor replied 1 month ago.

Then you are going to have to have him personally served with the papers.

Asking the Judge for a divorce otherwise will get you nowhere and waste your time.

The court will want to see that you have personally served your ex.

You need to choose the court bailiff or private process server so that you can finalise this divorce.

kind regards

Caroline

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