UK Family Law
UK Family Law Questions Answered by Verified Experts
Are you certain she has received the divorce petition?
Has she stated why she is unwilling to respond?
When was the petition actually sent to her?
Do you have a rough idea of where she actually is?
Ok. The court will only dispense with service in the most exceptional cases where it is practically impossible to serve the respondent and all other duties to trace them have been discharged. This is not the case here I'm afraid.
Firstly, I would give the country where the petition was issued to check that they still have it listed.
If you are satisfied that your informal attempts to trace her are not getting you anywhere then you may have to instruct an enquiry agent in order for them to trace here. You can google "enquiry agents" in the area where you suspect she may be. Chances are that they will be able to trace her.
Once you have an address or a place where you know she is likely to be you should then instruct a process server, although the tracing agency may be able to do this for you. You should say that you wish for them to effect personal service upon her. They will attend where they think she shall be and if there they will serve her the papers and then submit an affidavit to court confirming that she has received a copy of the petition/acknowledgement etc.
They divorce will then proceed on this basis, as this is evidence that she is aware of the divorce.
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