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Divorce proceedings.

(3 Posts)
kirinm Fri 11-Nov-16 10:34:51

Does anyone know how long my ex has to file an acknowledgment of service and if he fails to, can I apply for some sort of default divorce?! I'm a civil lawyer so can only compare an AoS to civil proceeding. Is it 14 days?

I know he's got it as he's told me but as is usual is being a dick and not dealing with it.

Thanks.

Familylawsolicitor Mon 14-Nov-16 08:57:44

Yes it's 14 days. If he sends back to the court in 14 days though bear in mind the courts are taking ages to process and send back to you and even if you call and ask if received that's no guarantee its not sat in an unprocessed correspondence pile. I tend to wait another 4 weeks depending on court correspondence processing times (4 weeks ish at Bury St Edmunds at present)) whilst also chasing in writing to say please confirm acknowledged if not will incur further costs and will seek for those to be paid by you etc.

There's no default divorce akin to judgment in default. You need to prove to the court he's received

Write to the court for a copy of the papers for personal service (you will have a copy of the sealed divorce petition from the court already but you need a blank acknowledgement form from the court which isn't sent out to you unless you ask and not available online unhelpfully)

Arrange private process server service and file statement of service with your request for decree nisi. You can ask for court bailiff service but very very slow and there's a fee involved and private process server isn't usually more than £150.

If he acknowledges receipt to you by email or text you can apply for deemed service with a statement exhibiting texts etc.

kirinm Sun 20-Nov-16 00:28:00

Thank you! He completed it, finally (I had to answer the questions for him).

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