What Can I Do When My Spouse Refuses to Sign Divorce Papers?

One of the most common problems courts witness during divorce proceedings is one party refusing to attend hearings and ignoring all paperwork that includes the Acknowledgement of Service.

The Acknowledgement of Service confirms that the party has received the divorce papers, and that they don’t want to contest the proceedings.

Thankfully, refusing to sign divorce papers has little impact on the divorce itself.

If you don’t want to delay your divorce proceedings unnecessarily and feel like your spouse may not cooperate, it’s best to file for a divorce on the basis of unreasonable behaviour. When you file for divorce on the grounds of unreasonable behaviour, you no longer require active cooperation during the divorce proceedings.

Here’s what you can do when you’ve cited “unreasonable behaviour” as the reason or your divorce, and your spouse refuses to sign the papers:

Deemed Service

Applying for deemed service involves submitting an application to the court requesting the court to continue proceedings without the divorce papers.

To apply for deemed service, you’ll still have to prove to the court that your partner has received the papers but hasn’t filled them. Bear in mind that applying for a deemed service doesn’t automatically mean you’ll get it; it’s based on the judge’s discretion.

Instruct a Process Server

If the judge refuses deemed service, you can instruct a process server to serve your spouse the divorce papers in their house, work, or any other known address.

After the papers are served, the server will hand you a certificate you can present in court. The court will then decide if you can fill out a decree nisi application.

Alternative Service

If you still haven’t managed to successfully serve divorce papers to your spouse, the court will insist you try other methods in an attempt to get them to respond.

To apply for alternate service, you’ll have to request permission to contact your spouse by serving their employer or relative.

Dispensed Service

Dispensed service is the last resort; you can only apply for it after you’ve tried the above options. Dispensed service simply means to continue the divorced proceedings without any intervention from your spouse.

You’ll need to prove to the court that you did all you could to serve your spouse divorce papers but failed.

If you’re going through a messy divorce, hire the best divorce solicitors near you to help you through the process.

We have a team of experienced family law solicitors that specialize in financial settlements. We represent clients in Wembley, Middlesex, and other nearby areas.

Get in touch with us today at 02-034-173-700.