REFUSAL TO RETURN ACKNOWLEDGEMENT FORM
The most common of these is if the Respondent refuses to acknowledge service either through carelessness or because of a lack of willingness to co-operate. In the latter event, if you are still able to discuss matters with your husband or wife you might wish to try to persuade them to co-operate. They can be told that it makes little difference who is divorcing whom and for what.Additionally, if costs of the divorce petition are an issue, you might seek to negotiate these. Point out that by use of this website you have managed to keep costs to an absolute minimum but that if you are forced to consult one of our solicitors the costs are likely to rise. Offer to limit your costs to one half of what you could be awarded when you apply for directions and swear your affidavit. If you can afford to you might even agree not to seek costs at all although this will mean that you will not see back the relatively substantial court fee.
BAILIFF SERVICE
If none of this works, if you cannot discuss matters or you cannot make contact you may need to ask the court to arrange for the bailiff to serve the petition on the Respondent personally so that you have proof of service.SUBSTITUTED SERVICE
If you do not know where the Respondent is you can apply for an order for substituted service.The court simply requires proof of service. If all goes well the proof is the acknowledgment. If you need to follow one of the above procedures, the proof will be in the form of a bailiff's certificate, an Affidavit prepared by a private process server or, in the case of substituted service, by such evidence as the court tells you that it wants. In that event, guidance or even a direction order will be given by the court as to what evidence it wants. As soon as you can show that the petition is served, you can make your application for directions in order to start working towards the decree nisi.
