Divorce and refusing to sign

[Happylander]

Friend putting in for a divorce after wife continually removing petition from courts and not amending the one put in in Feb 2010. He is now issuing his own DIY divorce after solicitors on both sides failing to move the divorce on but both stating the divorce was being amended and going to high court.

My question is...what happens if she refuses to sign the divorce petition? He has two separation and masses of unreasonable behaviour as well as evidence of adultary (but not citing adultary as she will definately not sign this despite her many affairs). Will the courts dissolve the divorce even if she refuses to sign?

You mean if she refuses to sign the acknowledgement of service, right? If she doesn't sign, and it's a behaviour petition then he needs to arrange for a bailiff or private detective to serve her personally, perhaps at work. The bailiff will swear an affidavit of service and if she still doesn't return the acknowledgement, he can apply for an order for deemed service and then get on with his appln for the divorce.

Thank you. Is that very costly? Does the 'deemed service' mean she doesn't have to sign and he can still get his divorce? Sorry if I am sounding stupid but someone told me she has to agree and sign but I wasn't too sure on that.

The answers to your questions are: no, yes, and no.

He should shop around for process servers, if they catch her first time they'll charge around 76pounds. If he makes the application for deemed service himself it'll just cost the court fee (can't remember what it is off the top of my head), if he uses sols they'll charge for about an hours work max (no need to go to court). The procedure for an appln for deemed service is an appln form (obviously) backed up by the process server/bailiff's affidavit of service. The court will then stick the appln in the district judge's signing box and, all being well, he or she will rubber stamp the appln, and he can then get on with applying for decree nisi. She only has to sign if it's an adultery or 2 yr separation petition.

Had some good news. Because he has at least 10 grounds of unreasonable behaviour the court said they just need proof that she received the papers like you have stated. He says that as soon as she gets the paper she will send some abusive email or text and that counts as proof. From what I know of her she is more than likely to do this.
I'm not sure what happens if she contests it though but as she has put divorce papers into 2 different courts and taken them out and then sat on one for over a year that needs amended he is hoping legal aid won't fund her contesting it as they have been funding her for the past 2.5 years!
Funny thing is when he took the papers in there was a woman beside him putting her own divorce papers in because her husband had sat on papers for 3 years and solicitors weren't doing anything either. I can't get my head behind the whole hanging onto someone legally when the relationship is over. Strange world.

She'll never get legal aid to defend a divorce.

Thank you for all the info and advice. Passed it all on to my friend.

Sorry another question...court said Bailiff not an option on serving papers as she lives in Northern, he can't afford a private detective and she doesn't work and her family certainly won't help him out by giving her the papers. What other options are there to prove she gets the papers? I looked up dispensing of service and that seemed to only be if you didn't know where they were and he does.

Where does she live? If she lives abroad there are special rules for foreign service.

Sorry I missed out she lives in Northern Ireland so comes under UK law but can't send a bailiff from english court apparantly.

A process server should set him back by around £100-£150. That's by far the simplest way to get it done. The court bailiff won't serve out of the court's jurisdiction, but you can.