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petition has been served, confused about what next

(7 Posts)
GettingScaredNow Wed 06-Jul-16 18:27:53

I filed for divorce. Petition was served on H yesterday.
He has stuffed it in his cupboard and will probably ignore it.

I just received a letter telling me I had various options if I don't receive the 'completed acknowledgement of service' within 14 days.
And all of the 3 options incur a fee.

So, if he decides to ignore the petition I have to pay out again???
I can't afford any of this!!

Familylawsolicitor Wed 06-Jul-16 22:35:45

He has to acknowledge the petition or you need to be able to prove he received it. Text or email him and ask if he received it. If you have any proof in writing he received it you can use it to apply for deemed service. There is a fee for that but are you eligible for any fee reduction if you are on low income? You can apply for court bailiffs to serve him but they are very slow, also a fee involved.

Apply for reduction or exemption from court fees if you are on a low income:
www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Deemed service is £155 I think, bailiff service £110

GettingScaredNow Wed 06-Jul-16 23:28:39

Thanks for reply.

I am in the process of applying for benefits. So far nothing has been cleared or paid. The cheque for the £550 petition fee has gone out though sad
Don't suppose I can claim it back can I?

GettingScaredNow Wed 06-Jul-16 23:31:28

Oooooo, interestingly it does talk about refunds!
I will explore that option more!

Familylawsolicitor Wed 06-Jul-16 23:35:51

You can claim a refund or part refund within three months of the date of payment smile

GettingScaredNow Thu 14-Jul-16 16:58:46

Familylawsolicitor, a question if I may about the form for reclaiming fees, if you know.

There is q section about income and benefits.
It lists child benefit, tax credits, maintenance, JSA, ESA, and others. But it doesn't list income support - which I do get now (and has been back dated to before the petition was served)
There is a box for 'any other income' - should i put income support in there?

Thanks if you (or anyone else!) knows.

MrsBertBibby Thu 14-Jul-16 17:18:50

No, there's an earlier q which includes income support. If you get that, tick the box, and go to the question it directs you to (it passports you through, so no need to complete the qs about tax credits etc

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