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Topic:
Deadline passed for response to petition (10 Posts)
Started By:
Date:
05 April, 2017 08:00PM
Deadline passed for response to petition
oldenoughtoknowbetter - 05 April, 2017 08:00PM
Time has passed for response to petition - ex has not responded although I know she has received it as she has said so in a text and also told family members. I can see there are 3 options - can anyone advise
1 best way to proceed?
2 how do you actually apply to the court for the judge to consider whether petition may be deemed to have been served?
Thanks
David
Re: Deadline passed for response to petition
davidterry - 06 April, 2017 09:10AM
And in what way has it been 'deemed' to be served exactly? In these circumstances it has either been served or it has not. There is nothing 'deemed' about it. Making such an application would be a waste of money.
Re: Deadline passed for response to petition
oldenoughtoknowbetter - 10 April, 2017 02:26PM
Hi David and thanks for the reply, my ex received the petition over three weeks ago and hasn't responded. I'm concerned that she is playing delay tactics and wondering what my options are.

I believe I can pay £95 for a judge to make a ruling so I can move things forward if she doesn't respond in allocated time.

Can ex just say she never received it and we have to go through the whole process of sending petition again?
Re: Deadline passed for response to petition
davidterry - 10 April, 2017 02:30PM
If she has not acknowledged receipt then you will need to arrange to have another sealed copy of the divorce petition and accompanying papers served upon her by a court bailiff or private process server. The latter is more expensive but most people's experience of the former make it the option of choice. It is a waste of time making an application for deemed service because there has been no deemed service in this case.
Re: Deadline passed for response to petition
oldenoughtoknowbetter - 10 April, 2017 02:45PM
I sent my three copies off to my local office with the required £550, I'm surprised that they dont have to take ownership of providing a service where proof of receipt of the petition is given.
Re: Deadline passed for response to petition
Steven J - 10 April, 2017 02:53PM
If your ex doesn't respond, I believe court officially resumes assuming she has agreed to the divorce.
Re: Deadline passed for response to petition
davidterry - 11 April, 2017 02:48PM
>>If your ex doesn't respond, I believe court officially resumes assuming she has agreed to the divorce.

The above is wrong (although perhaps this is not Steven J actually meant to say). It is wrong because there is only one ground for divorce which requires agreement. That is two years' separation with consent. On that ground for divorce the consent will not be presumed. It needs to be actively given to the court. Therefore if a respondent in a divorce based on two years' separation with consent does not respond to the divorce petition there is no consent to the divorce and a divorce on this ground cannot proceed.

Possibly Steven J was thinking about other grounds for divorce which can proceed if there is no response from the respondent but service of the divorce petition can be proved or deemed. However, these grounds do not require 'agreement' so the opinion is not quite right as it is expressed.
Re: Deadline passed for response to petition
oldenoughtoknowbetter - 11 April, 2017 07:26PM
Hi David,
Your last post is smoke and mirrors to a non legal mind like myself.....basically my original question was to the fact that my ex has not responded to her petition paperwork in the timescales set up in the guidelines and what do I have do to move things forward?
Grounds are unreasonable behaviour (wife's) therefore her consent is not required
Any helpful advice would be gratefully appreciated.

David
Re: Deadline passed for response to petition
Bubblegum - 11 April, 2017 10:14PM
If you want to proceed with deemed service on the basis that you have a transcribed text message which makes it very clear that your STBX has received the petition, I think you can do so on a D11 court application with the fee.

If the text is not 100% clear or open to interpretation, you might be better off making personal service by using a court Bailiff or a process server.
Re: Deadline passed for response to petition
davidterry - 12 April, 2017 10:13AM
These circumstances are not appropriate for deemed service. In the circumstances of this case the respondent has either been served or she has not. There is nothing 'deemed' about it. This is about whether actual service has taken place or not. If a court orders that a person be served by, say, sending the petition to a relative's address it cannot be known whether the respondent has received the petition or not but if a court ordered service in this way then it will deem that the respondent has been served if its instructions are carried out. An application for deemed service in the circumstances which arise in this thread would inevitably fail because these are not circumstances to which deemed service applies.
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