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Divorce/separation

Ex won't acknowledge receipt of petition, what can I do?

33 replies

CrimbleCrackers · 05/12/2017 00:27

I started divorce on the grounds of 2 years separation, because my ex didn't want the divorce to be for unreasonable behaviour. Now he won't sign the acknowledgement of service and has blocked my number.

I know why; we had a lot of debt during the marriage because he was frequently out of work and too lazy to find a new job. When we separated I made sure the proceeds of the sale of our house went towards paying off the debt in joint names, the debt that is left is only in his name now. He's worried because he thinks I won't pay any of it. I don't intend to because a) I'm off sick long-term for extreme depression and anxiety which I put partly down to the stress he's caused me and b) I always worked, even with a small child, sometimes as a cleaner or delivering catalogues just to be able to put food on the table and c) he has no intention of paying it off either, I negotiated a minimal payment and froze the interest when it became clear years ago that we couldn't keep up the payments, and he intends to keep on paying £1 a month per debt for the rest of time!

He's a nasty piece of work, never helped or did anything with our dd, always lazy, so I don't feel guilty.

However as states he's refusing to sign the acknowledgement of service. My only option is to change the reasons to unreasonable behaviour and use a bailiff to serve the papers. I'm using an online divorce company. My worry is he won't be home when they try to serve the papers or won't open the door. Then it'll just be another waste of money - that I'm having to borrow in the first place.

I want the divorce to avoid him involving me in any more debt he may run up and because I want as little as possible to do with him.

I've been more than reasonable regarding access to our daughter.

Any advice?

TIA

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pinkkoala · 16/12/2017 11:27

Anyone

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CrimbleCrackers · 20/12/2017 02:25

I found this online, hth:

If the your spouse signs and returns their paperwork to the court then a few days later the court will send you a copy of the Form D10 (Acknowledgment of Service) signed by your spouse.

The following information is also included in the documents that the court send you:

that the respondent and any co-respondent has received the divorce petition;
that the respondent and any co-respondent have admitted to committing adultery if this was the grounds for divorce;
that the respondent consents to a divorce, if the grounds for divorce were that you have been separated for and living apart for two years.


You can now apply to the Court for the Decree Nisi. The petitioner must provide a statement of truth in support of divorce application using Form D80 to confirm that the contents of the Form D10 (acknowledgment of service) are correct.
There are five versions of form D80.
D80A Adultery
D80B Unreasonable behaviour
D80C Desertion
D80D Two years separation by consent
D80E Five years separation

When completing the statement and confirming the signature of the respondent, write a letter A (uppercase) next to the actual signature on the D10. If the D10 has been signed by a solicitor on behalf the respondent you do not need to refer to the signature or attach to the D80. The signature is called the article.
D80 is a statement of truth in support of divorce application, it was known as the affidavit before April 2011, the new form D80 no longer needs to be sworn in court.

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pinkkoala · 21/12/2017 20:15

That is a good help crimble, i am just praying the acknowledgement of service was received at the courts. My solicitor has told me they are working 20 days behind and having rung east midlands divorce centre myself they have said they are dealing with paperwork received to them on the 15th nov.
So does he have anything to sign after he has agreed acknowledgement of service.
Can i get absolute before dealing with joint house.

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43percentburnt · 21/12/2017 20:19

www.gov.uk/get-help-with-court-fees

Not sure if this is relevant but it is possible to get help with fees.

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pinkkoala · 25/01/2018 16:54

Just a quick update, east Midlands divorce centre have received the acknowledgement of service from my ex they are currently about 5 weeks behind, my solicitor is now applying for the nisci.
I also now qualify for legal aid in respect of thr house and child care. He has told child maintenance service that he wants to stick to verbal agreement in that he has her 3 nights a week so i can work and he pays no csa. I am fine with that but want it done legally. He has met someone now and is trying to be all amicable saying can we swap a night if you aren't working so he can go out and vice versa. He got arrested two weeks ago for harrassment towards me, he was released pending further investigation, but told not to continue else will be rearrested.
I have also mentioned about having my share from the house, i moved out as he refused, and there should be at least 40k equity each.
Any thougts on what i should do.

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Afterthestorm · 27/01/2018 08:38

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Afterthestorm · 27/01/2018 08:40

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pinkkoala · 30/01/2018 19:18

I went in and signed my statement of truth today at solicitor. So if i understand correct it now goes to courts for nisci and that he doesnt have to sign anymore paperwork. Is that correct.
I have asked about a consent order as well.

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