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ReadyLaw
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Category: Family Law
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I am concerned that I have not received any kind of court

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Hello... I am concerned that I have not received any kind of court papers. It is assumed for divorce. As I looked into divorce response at GOV.UK, I have realized that if I have not received documents pertaining to court papers as she have stated in a divorce. I would have to respond within a certain time period of 7 days? If not, the divorce will take place? On what grounds do she have a right to proceed when I did not receive any court papers? What are my rights in this matter if this is what is happening?

You have 14 days upon receipt of documents to proceed. Failing which she can proceed in default.

She is not permitted in law to divorce you without serving you. It is the court that mails the documents to you. So, if it is not received, it is likely one wasn't filed or it could be that your address was not correctly given to the court.

What to do:

1. Write a letter to your partner advising that you have not received divorce documents from them despite them advising you proceedings were commenced. Advise them that you will make this fact known to the court if they were to proceed without your knowledge.

2. Contact your local county court either via telephone or in person. Ask whether any proceedings were commenced with your name and that of your estranged partner.

I hope I was able to help. Kindly let me know if I may be of further assistance.

Kindly indicate by clicking on the stars at the top of the screen whether you have accepted the answer given.

best wishes

RL

ReadyLaw and other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you, ***** ***** be needing further assistance. As stated earlier, I do not have a clue what the court papers are about. I assume, as you said, maybe it is for divorce. I have no other idea what it can be, gaging order? restraining order? immigration order maybe? I just do not know...she have threaten me with the above because I did go to a church service, and wanted to speak with her after service, due to not having heard from her. She did say I went to the service to talk to her about court papers I did not receive. This was on 11 December. I will contact local court tomorrow, and try to find out. She will not answer me when called, and no response to last text message.

I understand your frustration and the worry that you are going through. You will have to try to remain calm. Contact the court, if the court hasnt received anything it is likely that she is just doing this to unnerve you. Remember to speak with your employers about the possibility of switching to a work visa.

Customer: replied 7 months ago.
I see,yes, I will contact court early tomorrow. Will give update. Thank you much

You are welcome

Customer: replied 6 months ago.
Hello, this is an update: I have contacted the court and found she did file on 22 November 2019. I sent a phone text that was given to me by court info to do so. I text by phone telling them I did not receive divorce papers. I hope to receive a response from them. Well, this is surely not what I wanted to have happen.

Ok. You should ask for a copy to be sent to you.
if you would like any further assistance once in receipt of the document, please raise a new question and ask for it to be referred to me, Readylaw. Thanks

Customer: replied 6 months ago.
Ok, I will Thank you
You are welcome!
Customer: replied 6 months ago.
Hello, I want to know if I wouldn't have went after court papers that I did not received, would it have given me more time. I contacted the courts and they are sending court papers by end of week. I am concerned about my stay here in UK.