Delivering a divorce petition

celyn90

Hi everyone, I just wondered if anyone had any experience of the following and could offer some advice.

My OH is in the process of filing for divorce, there are no children or assets involved so the petition isn't complicated. He filled in the petiton, got it checked by a solicitor and gave it to the court. He got the letter back saying that it had been posted to the respondant. He didn't hear anything for ages, so sent back the form and the payment for the court bailiff to deliver it. He hadn't heard anything back for over a month, so he phoned to ask them and they said they had tried to deliver it but failed (she'd gone on holiday - definitely the correct address), so he gave them a list of times they were most likely to catch her.

I just wanted to ask if anyone knew if will he get any written notification when the petition has been delivered by the bailiff, as he feels its just dragging on forever. He know she actually has the original one that was posted - she's just refusing to answer it.

many thanks, cel x

Shambler

Hi, speaking from personal experience I did a DIY divorce and didn't use a solicitor.

Once the petition is handed over in person by the bailiff she will have 8 days to reply.

If she does not reply then it is deemed that she agrees to the divorce and the court will continue with proceedings.

If the bailiff is unable to present the petition then it may be possible to get an order from the court to dispense with this part of the service.

This website is a good source of info http://www.ondivorce.co.uk/index.htm

One more important thing, makes sure he files for a "Clean Break" order to stop her getting hold of his assets past/present/future.

mookiandco

Unfortunately its not quite as easy as shambler says. Either the respondent must return the acknowledgement of service form or you must exhaust every possible avenue to get the petition served. You should receive an affidavit from the bailiff confirming once the petition is served. You can then provide this to the court as evidence of service.

Another option is substituted service (send to a family member, organisation e.g employer etc) The person concerned will need to swear an affidavit to say they gave the petition to the respondent. Your OH cannot give her the petition himself.

If you have tried every possible method, only then can you make an application to the court to dispense with service. Your OH will need to swear an affidavit to explain what methods he has tried and why he believes the petition has been received by the spouse.

I deal with divorces every day and i know only too well how frustrating it is when the spouse doesnt acknowledge the divorce. It wastes everyones time and money. Hope things work out for your OH.

celyn90

Thanks guys for your responses, I can't talk to anyone about this and it's so lovely of you to reply with advice. OH had a really horrible letter from her solicitor this morning giving hime three options: either 1) he withdraws and the go for a 2 year separation in x months, 2) he withdraws and she files for adultery 3) she cross-petitions for adultery (they said would be expected to pay her costs and they would be high etc etc)

He doesn't want to withdraw as he knows she won't give consent in x months regardless of any agreement (she's already told him she will make sure he waits 5 years) or actually file a new petition. He'd be happy to agree to a divorce on the grounds of adultery but would state on the answer that the he doesn't accept the grounds as the reason the marriage broke down, but that he consents to divorce anyway.

I know that these letters are meant to be intimidating and threatening, but it really upset him this morning
I've told him to go and see the solicitor again and he's made the appointment but I just wanted to ask if anyone knew whether he would have to pay her costs if she decides to go ahead with the cross-petition and what a ballpark figure would be? We really can't afford much and the stress is really upsetting him.

We still don't know if the baliff has delivered the petition and there is nothing concrete in the letter to say that she has a copy - simply that OH decided to file on these grounds. He just wants closure and a new start.

Hermione54

Adultery is no longer grounds for a divorce on its own. There has to be 'irretrievable breakdown of the marriage.'

loftus

Hermione54 wrote: »

Adultery is no longer grounds for a divorce on its own. There has to be 'irretrievable breakdown of the marriage.'

This is wrong.

The grounds for all divorce is irretrievable breakdown of the marriage. Adultery is one of the five reasons for the irretrievable breakdown. It is enough on its own.