What if the baliffs can't serve the papers?

I have been trying to get divorced since November last year but my husband did not respond to the divorce papers, nor is he responding to my solicitor.

In January, I sent the papers for the baliffs to serve but they haven't been able to get hold of him.

He works long hours through the week but doesn't usually work weekends. However, his parents (he's living back with them) have told the baliffs that they don't know which weekends he's working and which he's not.

I have given the baliffs my husband's mobile number and they've said they will try once more. If they can't get hold of him this time then they will be sending the papers back to the court.

If this is the case, as I suspect it will be, is there anything else I can do in order for the divorce to go ahead?

Hi Jay,

Does your husband work in one place? If so have him served at work, he has not responded so it is his fault now if he gets a backlash from the petition being served at his work place.

Not too sure where you go from here, surely your solicitor can advise you of the next step.

Regards, Sarah

Sarah,
Remember seeing an Atilla post on here a while ago about applying to the courts to dispense with service if respondant plays silly b*gg*rs. Need to swear an affadvit. Haven't time to look it up at the moment.
Mike

Mike, have gone through attilla's posts for the last 3 months and the only one I can find is this, although I don't think it is particularly pertinent to this case.

http://www.wikivorce.com/divorce/Divorce-Forum/Solicitors/16034-Re-Acknowledgement-of-Service- require-EX-s-signature.html#16034

Not sure whether this is the one you were thinking of?

Will keep looking,

Sarah

Hi,

My husband is self employed, and although he usually works for the same company, it's out of the baliff's area and there's not usually anyone at the ­base­ during the day. (They do forrestry work and so are out on different sites everyday.)

Someone has told me that my sol should be able to appoint a baliff to basically sit outside his house until they get him but my sol hasn't said anything.

I'm actually hoping to change sol as they've not been any help at all so far, I'm still having to do all the ringing round and chasing up. I thought that if he got letters from a "legal" person, it might prompt my hubby to do something about it, but it hasn't worked!

Jay / Sarah,

This was the post I was trying to remember:

http://www.wikivorce.com/divorce/Divorce-Forum/Discuss-anything/14318-Re-He-wants-me-to-do-new- Divorce-petition.html#14318

This was Atilla's response:

Has he sent in the Acknowledgement of Service agreeing to the divorce?

If so apply for Directions for trial asap!!

If not wait 9 days and go to the Court and apply for an order of deemed service-a letter will suffice- it is not an application on notice

In addition you will write out an affidavit like this:-

IN THE X COUNTY COURT Case No:

BETWEEN:-

A. Wife Petitioner

and

A Husband Respondent


I A Wife of 123 Any Close Anytown RF23 5ED MAKE OATH and say as follows:-

"I am the Petitoner herein and make this affidavit in support of an order of deemed service.

On Monday the 18th February [or whatever date] my Husband received the Divorce Petition and he filled in the Acknowledgement of Service (AOS) he didn't ­­object­­ to the divorce.

Later in the day he told me he had changed his mind and for some reason he didn't like the Unreasonable Behaviour petition. I think he believes if he delays returning the AOS this will cause me more upset and distress.

In the circumstances I believe the Respondent is "messing about" and as such I wish to avoid delay and therefore seek an order of deemed service so I can proceed without further delay.

I ask the Court to grant the order sought and in the light of that consider granting directions for trial given the affidavit I have sworn in support"

Sworn at
x County Court
this day of February 2008

Affidavit in support of divorce is here:
http://www.hmcourts-service.gov.uk/courtfinder/forms/d80b_1203.pdf

The application form for directions for trial is here:
http://www.hmcourts-service.gov.uk/courtfinder/forms/d84_1298.pdf

Take app to Court who will attest you oath for free

Application will attract an £80 fee unless you are on legal aid and fees exempt

First Dim Wit will know is the DJ's certificate will be granted listing the Decree Nisi

Thanks Mike!

I will look in to that, and hopefully be able to get somewhere as this has dragged on for 6 months now!

Jay