DIY divorce. Not sure what I should be doing next.

[maisydaisy]

Just wondering if anyone's tried to get divorced without a solicitor but would really appreciate some help. It should be really simple as we didn't have any property or children together and have been seperated for over 2 years but actually I'm beginning to work out that nothing is as simple as it seems!
He's received the papers a few months ago now and hasn't sent them back to the court. I applied for the court bailif to deliver the papers personally but the court refused without giving me any real reason. So is there anything I can do?

I think that if he agrees to divorce you you can be divorced in 3 months.you can even do it online. sounds pretty straight-forward as you don't have any children.

You can deliver them to him personally if that is going to be sensible in your particular circumstances?

Also if you call the court office they are usually really helpful. If neither of these is any good you may need a quick consult with a solicitor.

HTH

You usually have to wait 2 years to make it more simple. Before then there has to be a 'reason', e.g unreasonable behaviour or infidelity. Basically it's more complicated.

The prob is here that exh isn't playing ball. I'm sure he agrees that we need to get divorced but he's not signed the paper.

Thanks ivet83. The court are actually being very unhelpful!

Do I need to get the papers certified by the court before serving personally? Or can I just use my copy of the petition? But what then? What if he still doesn't sign?

Sorry! Thanks bratnav!

There is a divorce site where they may well be able to give you advice on what the next stage is as your d/p isn't signing the papers.

The court people are unhelpful for a reason - they cant help you as this would be seen as giving advice - for free and they are not in a position to do so.

divorce help website

I do believe that you may have to swear on an afradavy that you klnow he recieved the papers - I had to as my ex wouldn't sign the papers and send them back.

Accordin g to my DIY divorce book, if he ignores the petition you can arrange with the court for the petition to be delivered personally by any disinterested 3rd party, by a baliff or a process server.

So it looks like you just have to agree with the court who will deliver it. Was there no reason stated why they are refusing a baliff service?

Did he just not return the Ack of Service? Is it possible it was returned to the court as undeliverable? Any chance you can discuss it with him?

Agreed that they can't offer advice, but they should be able to explain why they wont initiate baliff service.

Thanks guys that's really useful stuff.

It's really weird bratnav. I sent them the form and fee for bailif service and got a letter back saying that the judge had refused it as I am not a fees excempt case. I phoned the court to ask if it was only fees excempt cases that were elegable for this and was told that they could not give me any legil information, but surely this is an issue of court procedure?. I wrote to the court asking them to look at it again and explain why I was being refused and got a letter back asking why I wouldn't be able to serve the papers myself or employ an independent agency to do it. So I suppose that's what I'll have to do but just not sure what I need to give him!

That divorce site looks great ivykaty, thanks.

DH did one last time, he is downstairs though will ask when he comes up and let you know.

Well maybe you should contact a process server (probably find loads in yellow pages) and ask hem how much they charge, they may also be able to help with what you need to do re informing the court?