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Question about Getting the respondent served

Posted by LOSTINLIMBO123 
Question about Getting the respondent served
March 02, 2021 06:16PM
Hi Terry,

(England, no assets or kids)

The respondent has not sent back the petition back to the courts. I'm looking to paying the courts to get the paperwork served, so that this holdup can be proceeded.

What happens in the case where the respondent refuses to answer the door, or if their parents answer (respondent lives with parents in family home)?

Is it true that the respondent has to send back an 'Acknowledgement of service'? surely the chances are that they won't send this back either, similar to the petition. What happens then?

I'm aware that there's an alternative service available via a D11 form and this is being used more frequently now in Covid times. Would you be able to shed some light on this / explain how this works?

many thanks Terry - much appreciated for your help.
Re: Question about Getting the respondent served
March 04, 2021 10:47AM
I wouldn't bother with paying the courts to get the paperwork served. You are better off using a private process server. Although it will cost you about £100 or so they are a lot quicker and more effective than court bailiffs for this type of thing. Once it can be proved that the divorce petition has come to the attention of the respondent (it can be dropped at his feet, he doesn't have to actually take it) then the divorce can proceed whether he responds or not once his time for filing a formal defence has expired. Assuming that is that the divorce is on a ground which does not require his consent. If it was a divorce based on two years' separation with consent it wouldn't matter whether it was served on him or not because he could not be forced to consent and consent is essential for that ground of divorce.
Re: Question about Getting the respondent served
March 05, 2021 01:05PM
Thanks for the response. The grounds in my case is Unreasonable Behavior. I'll bear that in mind regarding the private process servers. Is that something I would have to arrange myself I assume?

Also, do you have any details on this alternative D11 form that could be used as an alternative to the process server?

Many thanks
Re: Question about Getting the respondent served
March 05, 2021 06:26PM
Yes, it is something you would have to arrange yourself.

You are likely to need legal help to complete a D11 because the circumstances under which it applies are infinitely variable. More importantly, the circumstances have to justify it. Finally, it is very much second best to personal service because an application for deemed or substituted service (which is what a D11 is about) requires a court decision and good luck with getting that quickly.
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