A common problem in divorce proceedings around the world is when the other party refuses to accept the situation, ignores all the paperwork they receive from the court and will not agree to a divorce. Even if you anticipate the possibility that your spouse will not co-operate because they disagree with your decision to apply for a divorce, there are still ways to progress your divorce petition without spending too much time or money.
Saracens Solicitors divorce solicitor in London will give you advice on the best ways to overcome your spouse’s counterproductive behaviour and advance your divorce petition. In most cases, basing your divorce petition on the ground of unreasonable behaviour is a good start and your divorce solicitor in London will help you gather all the information and legal paperwork required in order to proceed.
How can I proceed?
If you decide to arraign your spouse for unreasonable behaviour, here are some things you can do to ensure that all legal paperwork reaches the court. Applying for a bailiff service will instruct the Court Bailiff to re-serve your petition to your spouse. Once this is done, you will not need their acknowledgment for proceeding. Alternatively, you can re-serve your petition via a process server, though this will cost more money. If you have hard evidence (i.e. email, letter, text) that your spouse has received the divorce papers, you can make a separate application for deemed service presenting your evidence. Last but not least, if nothing of the above works, you can apply for a dispensed service.
Using one of the above mechanisms to confirm that your spouse has received the divorce papers, will help you proceed to the next stage of your appeal – the Decree Nisi stage. From now on, you will not need to contact your spouse or receive any documents from them. You will also not need to attend to any other documents in order to secure the Decree Absolute, which will finalise your divorce.
We are here to help you
Unco-operative spouses can make the divorce process more difficult and stressful, but your London divorce solicitor is here to help and save you time and money.