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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2544
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The Family Court replied to my divorce petition. It says

Resolved Question:

The Family Court replied to my divorce petition. It says that a copy was posted to the respondent on 4th May. 14 days are gone now and I did not receive a copy of the completed acknowledgment. The respondent says that until now he did not receive the copy. How can the court know when the respondent received it ? The court gives me 3 options now, but I do not know what to do. Still waiting if the copy arrives to the respondent? Or going ahead and choose one of the 3 options ? But which one ? Thanks very much in advance for helping me.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. It is best to wait for at least 4-6 weeks from the date of posting before pursuing other options regarding service of the petition. I appreciate that the court states if nothing is received after 14 days, but a bit of extra time is usually afforded to the respondent as they may need time to obtain legal advice as well as time for the court to process and send you the acknowledgement of service, if received.If nothing is received by that time, and your ex-spouse does not confirm directly to you that they have received the petition, then the best and easiest option is to request for a court bailiff to personally serve the respondent.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Thanks for replying so fast. I read about the bailiff on another website. The problem is I cannot have a bailiff as my ex lives in Italy and I live in England (( Is it possible that I send a copy of the petition with the courts stamp to my ex and he signs it and sends it back to me, so I can send it to the court ? Would the court accept this ? How long is my Divorce petition valid ? Thanks for helping.
Expert:  Harris replied 1 year ago.
I see, thanks for the further information. In those circumstances, I would suggest that you email him a copy of the petition and also send one by signed for international delivery - so that you have proof that he has received it. If he signs for it, responds to your email acknowledging or mentions it in conversation to indicate he has seen it, then you will be able to submit an application for deemed service, together with a statement to explain to the court what reason you have to believe that he has received the petition.However, as he lives abroad, you may wish to wait slightly longer to enable him to attempt to file an acknowledgement of service form - but in the meantime it will be ideal if you can also send him a copy of the issued petition by post and email so that you are ready to make any application.
Customer: replied 1 year ago.
Oh, I just saw that on the copy is no box where my ex could sign, so I guess the court send him something different ? Or can he just sign under my signature ?
Expert:  Harris replied 1 year ago.
Yes, the court sends him an acknowledgement of service form to complete together with a copy of the issued divorce petition.
Customer: replied 1 year ago.
My ex does not have a computer, so unfortunately there is no email address. Would the court accept it, if I send a copy of the petition to him by signed for international delivery ? As he is not much at home I would have to send it to his work address, which is not the same that I indicated on the petition form. Would that be a problem for the court ? Further I do not have the acknowledgement of service form to send him. So how can he acknowledge and complete it ? Thanks for helping, it really looks like to get very difficult to proceed with the divorce, if I cannot prove that he got the copy or if he is ignoring it.
Expert:  Harris replied 1 year ago.
In that case you would need to send it by registered delivery to ensure that he signs and receives it. I would not suggest you send it to his work address for two reasons - 1. Someone else may sign for it and you cannot prove he has received it and 2. It is a personal matter and using his employment address is seen as a last resort. You should therefore use his home address and his local sorting office should hold it for him to collect. You do not need the acknowledgment of service as you will be applying for deemed service if he receives it.In the event that this does not progress you can attempt to find an Italian process server to personally serve him.
Customer: replied 1 year ago.
I also would prefer the home address, but most of the time he is at work. He is self employed and there is no one else working with him, so it would be him signing it. What happens if I send it to the home address, he is not at home, and does not
go to the post office to collect the letter, because he is not bothered ? Can I still go on with the divorce ? I tried to google for an Italian process server, but could not find one. Is it "C" what I have to choose if I cannot prove that he received the letter: "Apply to the court without notice for the District Judge to consider whether the directions should be given". Thanks for all your help.
Expert:  Harris replied 1 year ago.
If he does not sign for it then it would be more difficult to convince a judge that he has received the petition as there is no evidence.Option C would be if you have exhausted all options to prove that he has been served and is one of the last resorts.Given that he is the only one at his employment I would suggest you send one copy to his home address and one to his work address.If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Good morning Harris,I called my son, who is in Italy at the moment, and he confirmed that my husband received the documents and brought
them to his lawyer due to is bad English knowledge.Now it depends what his lawyer tells him. Hopefully he will sign it and send it back.In case he has to spend money for translation and is not willing to do it, in other words he is going to ignore it,
can I use my son as witness to confirm in a written letter that my husband has received the documents ?Or maybe I can also write an email to his lawyer and if I am lucky I get an answer, which I doubt as all my last
emails were ignored, so I guess my son is my last hope in case he is not returning the documents.Thanks again for helping.
Expert:  Harris replied 1 year ago.
Yes, if you have details for his lawyer you should contact them directly. if they confirm that they are advising him about the divorce petition then this can be included in the application for deemed service.If your son also provides a signed and dated letter explaining what your husband has said about the petition, and when this happened, then you can include the letter as an exhibit to your application for deemed service.
Customer: replied 1 year ago.
Thanks very much for all your help. My last 3 questions are how long is the divorce petition (D8) valid ?
If my husband sends the documents back in 3 or 4 weeks is that accepted by the court (they were talking about 14 days).
In that case I do not have to choose one of the 3 options right ? Am I right to think that my husband has to send the documents back to the court and not to me ?
Expert:  Harris replied 1 year ago.
There is no "expiry" to the divorce petition, but if there is a long delay (for example over 12 months) in progressing the divorce, then you may need to provide a statement as to the delay.He will need to return the acknowledgement of service directly to the court. If he returns it to you then you need to send it to the court.If nothing is received in the next month, your best option is to apply for deemed service given that your son has been informed that he has received the petition.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2544
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Again thank you very much for all your help and patience, Harris.
Wishing you a nice rest of the week.Kind Regards
Sonja
Expert:  Harris replied 1 year ago.
Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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