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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6827
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My spouse was sent the divorce papers since July by the court

Resolved Question:

My spouse was sent the divorce papers since July by the court and he has refused to sign and return it to the court. I know he has got it because his cousin who was a signatory to our wedding told me he has got the papers and that he told him he won't sign it because my lawyer wrote him concerning financial settlement. He said I should divorce him through any means I like but he sign the papers because he doesn't want to give me any money. I have given the papers to process server but I learned he travelled so they have not been able to serve him. My question is if I use his cousin 's statement as an evidence, would the judge grant me deemed service?
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.
Yes, this is possible.
Your cousin will have to set out the statement in the proper form and state the background circumstances, how the conversation came about and exactly what was said.
Generally speaking the court likes to get on with these things and will not allow someone to delay proceedings simply because they do not return forms.
I hope this helps. If there are any further points please reply
Best wishes
Michael
Customer: replied 2 years ago.

Hi Michael,

thanks for your response. I want to know which is the proper form for the statement and if it could be printed online.

Thanks

Expert:  Michael Holly replied 2 years ago.
Yes , there is the proper form of statement in the Civil Procedure Rules website which you can get to through the search engine.
It is really just the top and bottom that you need. If you have any difficulty finding it please come back to me.
Michael
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