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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1203
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been seperated years, i have put in divorce

Resolved Question:

i have been seperated for 24 years, i have put in for my divorce but the respondent has not returned the paperwork what do i do know
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
If the Respondent has not acknowledged the divorce proceedings then you need to prove to the court that the Respondent has had the court papers. The best way to do this is personal service of the divorce papers.
First of all you need to ring the court and ask them to send you a further copy of the sealed court papers including the acknowledgment of service form.
Once this has been received - you then need to instruct someone to undertake the personal service for you.
The Court Bailiff service can do this for a fee of £110. Please note that the court bailiff service can be quite slow and you are likely to get a private company to do this work for you - both cheaper and quicker. Enquire with a company such as Tremark. www.tremark.co.uk who have a fixed fee service of £85 plus vat.
If you do decide to go with the court bailiff rather than a private company then you apply to court on Form D10 - send the fee of £110 - you don't need to get the sealed papers from the court if you use this option.
Once service has taken place - you will be given a statement of service. You can then apply for decree nisi attaching the statement from the server of the papers.
Kind Regards
Caroline
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Customer: replied 2 years ago.
what if the respondent doesn't acknowledge papers after they have been served by bailiffs
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
That makes life easier for you. You just apply for decree nisi attaching the statement from the server confirming that personal service has taken place.
The Judge should then be satisfied that the Respondent has had the papers but has chosen not to engage and you will obtain decree nisi. You then apply for decree absolute in due course.
Kind Regards
Caroline
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