What happens if my spouse does not respond to divorce papers?
What happens if my spouse does not respond to divorce papers?
If you have applied for a divorce and your spouse does not respond to it, there are different ways to get the divorce finalised. Getting a divorce is quite taxing and the situation becomes all the more difficult when one party refuses to cooperate or to respond to the divorce application.
Upon filing for divorce, an Acknowledgment of Service form along with the divorce papers will be sent to your spouse. The form will cover various details and must be completed and returned by them within 14 days to confirm that they have received the divorce application.
If your spouse does not return the Acknowledgment of Service, it could be their way of refusing to engage with the divorce procedure. In such cases, you would have to satisfy the court that your spouse has received the divorce papers and has had a chance to respond.
What are my legal options?
You can still get a divorce in England and Wales if your spouse refuses to cooperate or ignores the divorce application. First, you can try to reach out to your spouse to figure out why they have not responded or signed the divorce application. If this does not work, here is what you can do:
Re-serve the divorce paper
Use a court bailiff to re-serve the divorce papers to your spouse. This will incur an additional fee. It will help in the satisfaction of the court and provide enough evidence that the spouse has received the divorce papers.
Use a Process Server
A process server is someone who will physically deliver legal documents to the respondent. They have access to the database to locate a person and deliver divorce papers by visiting their home, workplace, or other known address. Moreover, they will give you a certificate to prove that the divorce was delivered.
Apply for Deemed Service
If your ex has communicated to you that they received the divorce through a letter, text message, or email, you can apply for Deemed Service. This is an application to the court to proceed with the divorce by showing your spouse did receive the papers. The judge will decide if the communications are sufficient proof to continue with the divorce application.
Dispensed Service
If all else fails, the last resort is proceeding with the divorce by making an application for Dispensed Service. You would have to prove to the court that you have tried all the methods to contact and inform your spouse about the divorce.
Conclusion
A spouse cannot prevent divorce proceedings by refusing to cooperate. With a few additional steps, you can prove that your ex has received the divorce papers, however, has refused to cooperate. Under such circumstances, the court may proceed with the divorce application.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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