Divorce: I used a process server

PeppaCoin

I'm divorcing my husband. He has been ignoring the divorce papers so far. I enlisted the help of a process server to deliver the papers to him and have just received a Statement of Service from them.

Anyone know what the next step is? I've been told to 'file' the statement at court. Does this just mean post it off to the court I sent the original petition to?

Thanks very much

Smodlet

Try this https://www.wikivorce.com/divorce/

Rubik

What fact have you relied on? ie Adultery, Unreasonable Behaviour, 2 years separation, ?

If consent or admittance isn't required to progress the petition, then you can now apply for Deemed Service.

You will now need a D11 form, and to apply for Deemed Service; this means that you are asking the court to accept that service has taken place via the process server and that the respondent has received the petition and Acknowledgement of Service. Send off this application along with the written report from the process server to the court; once your application has been accepted by the Judge and you've been notified, you can then move forwards and apply for the Decree Nisi.

How to complete D11:

The whole form must be completed in black ink and in capitals.

The form ask you to enter your name address and case number, you can find your case number on the top right of any letter the court have sent you.

If you asked the court for the divorce you are the applicant; your wife is the respondent.

Use the same court as you sent the divorce application too.
Fee remission ID is for those who have applied to have the court fee to be reduced due to low income.

Box 1 is only completed if you are using a solicitor.

Box 2 you are the petitioner.

Box 3 Your application for decree nisi after deemed service, so write, "I respectfully request the honourable Judge grants Decree Nisi after considering the proof of service attached to this application. The respondent failed to reply to the courts postal service dated (insert the date court sent the divorce petition to the respondent).

See attached JB1

Also in box 3 you are going to write your initials and a number,(see above) so your name is say John Brown, as you see above, JB1 is your paper evidence; write it at the top of the page of evidence in black ink. So you will have form D11 and stapled to the back of D11 your paper evidence.

Box 4 tick !!!8220;no!!!8221;

Box 5 tick !!!8220;no!!!8221;

Box 6 leave blank, this is for the judge to decide with this application.

Box 7 mark !!!8220;N/A!!!8221;

Box 8 tick !!!8220;no!!!8221; all judges can decide the outcome of this application.

Box 9 Give the respondent's full name and address including post code and telephone number if you have one.

Box 10 tick the attached statement, there is no need to tick any others in box 10, the !!!8220;attached statement!!!8221; is just the evidence you are using to allow the judge to grant the divorce, which your mark with your initials and staple to the back of the D11 form, if there is more than one piece of paper change the number.

One sheet JB1

Two sheets JB2 ect.

If the Bailiff or server has given you more than one sheet of paper as proof staple them all together and just mark the front sheet JB1.

If you think it will help to add !!!8220;evidence set out in the box below!!!8221;, feel free but be short and to the point, eg;
My husband said he would never agree to divorce and would never return any forms from court, he has not acknowledged the court postal service, as such I used the courts personal service by a process server who has provided proof of service which is attached.

PeppaCoin

Excellent advice. Thanks so much Rubik!