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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14109
Experience:  I have been practising for 30 years.
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I have applied online for divorce. It has been accepted by

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I have applied online for divorce. It has been accepted by courts. Paper been sent electronically to my wife and she has ignored for 10 days. I understand I have to wait 30 days. If I have proof she has received them via text message. What can I do?

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what is the issue here please?

can you give me more background to you wanting a divorce?

Customer: replied 12 days ago.
I want to get things going. She has told me she has received court forms but doing nothing about it. She is suppose to respond in 7 days and still not heard anything.

I have filed for divorce due to behaviour

 

 

There are 2 scenarios which can hold up a divorce: one is where the location of the spouses not known in one is when they ignore the papers.

 

If you don’t know where your spouse is, then provided you have made attempts to contact him, there is a process for doing that where the service of documents is dispensed with:

 

the government to the rescue again with a website on that subject: https://www.gov.uk/divorce-missing-husband-wife

 

 

If you know where your spouse is but he won’t sign the papers, then you can make an application court for Deemed Service of the papers provided you can prove he’s had them and is just ignoring them.

Here is an article on the subject:

https://www.ellisjones.co.uk/blog/article/what-to-do-when-your-spouse-refuses-to-sign-the-divorce-papers

 

So you need to make an application to court to dispense with service of papers or an application for deemed service if she has acknowledged them but isn’t signing them.

She is just being awkward.

It will hold up the divorce by very much, just a few weeks.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

F E Smith and other Law Specialists are ready to help you
Customer: replied 12 days ago.
So if I go for the option of bailiff or deemed paper. Does she have the right then to defend it? Also in December it’s 2 years since we split could I then apply for that instead if she being awkward?