Husband ignoring divorce petition, next step?

[Namechange596]

2 years separated and going for a no fault divorce but need husband's consent for this. He has ignored the first divorce petition, I really don't want to go down the Unreasonable Behaviour route as it will just antagonise him further.
I have heard you can proceed with a divorce without their consent if you apply for Deemed Service if you can show that the respondent received the papers and is not responding to them? This seems like the next step, has anyone done this and been able to successfully proceed without your ex's consent to divorce? Aso how do I go about proving he has received the petition? Thanks

Are you in U.K.?
if so it’s no fault now anyway

@millymollymoomoo I'm in Northern Ireland, apparently I still need his consent to divorce if we are only separated 2 years unless I go down the Unreasonable Behaviour route

Has he definately ignored it? Is it possible he didn't receive it.

@Chowtime I'm pretty sure he received them, the solicitor said he received them a month ago and I have texted him to ask did he receive them and he hasn't replied. Think he's hoping they will just magically disappear

My ex did not want to allow a divorce a few years ago, I got a brilliant solicitor who obviously knew what she was doing and the divorce papers were issued to him by bailiffs so could be proven to have been received to proceed without his consent if he did not sign.......he did then as he knew he was beaten.

@Mossstitch this is exactly what I want to do, I've asked my solicitor if it's possible to organize a process server to physically deliver them so that's it's certain that he has received them and then I can hopefully proceed without his consent, good to know this can be done

@Mossstitch can I ask, did you apply for Deemed Service to do this? I read that Deemed Service is where you say that they did receive the petition and show proof and then the court can decide to proceed without the other person's consent?

@Namechange596 sorry I don't recognise that terminology but I'm England and it's about 8 years ago. I just remember that my solicitor said it was probably worth paying the extra to have bailiffs deliver papers so that he couldn't ignore them or pretend he didn't receive them. We knew he would be awkward as he'd been stalking me and objecting to divorce despite being separated 5 years so could get divorce without his consent anyway. Once he knew this and realised he couldn't win he signed them. Hope all goes smoothly for you💐

Mine was all done by email. Put a read receipt on it? But I'm in England maybe ask them to edit your title to include Northern Ireland in it

If the law hasn't changed in NI then I would expect the deemed service route is still the way to go, so yes, have the papers served to him.

I started my divorce in 2017 and mine didn't want to sign the petition either. Unfortunately for him he sent me an email saying that he disagreed with the grounds for unreasonable behaviour I'd quoted and that he would therefore refuse to sign. Which was nice of him, because it meant I could prove he'd read and received the petition. When I pointed that out to him, he caved. Yours will cave too when he has the papers served officially.

Pathetic man, unable to accept reality.

@pointythings yes I think deemed service is the next step especially as I know he is ignoring them and hoping it will all go away.
I'm trying to elicit a text from him basically saying he's received them but he's non responsive to my texts. Yes he's a bitter little man , think he realizes he may have to give me a lump sum in a financial settlement and that's whats stopping him

I used a process server who tried 3 times but ex managed to avoid that. Then process server produced a report proving that the documents have been served to him. My case is even more complicated as he is on bail, so had my solistor sent him email, text message, etc. The deemed service is a form called D11 with supporting evidence that he has been served. I just applied for conditional order this week, and hope what I did was sufficient. Fingers crossed!