Getting a divorce can often feel daunting, especially if the relationship has broken down to the point where communication is difficult.
As tensions rise between you and your spouse, it is not uncommon for one party to try to ignore the wishes of the other and simply ignore divorce papers when they are issued.
You might be worried that this will keep you trapped in your marriage, but you should know your rights in this situation.
Can a divorce be stopped by ignoring the paperwork?
A divorce can be delayed by ignoring the paperwork, but it cannot be fully stopped.
When you apply for a divorce, your spouse will be sent the divorce application alongside the login details for the online portal.
They are supposed to complete an Acknowledgement of Service within 14 days and this is something they may refuse to do.
While frustrating, this does little more than add extra time to the divorce process.
The court will progress a divorce to the next stage, but only once it is satisfied that your spouse has received the paperwork and is wilfully ignoring it.
In order to move forward with your divorce, you may want to prove that the ball is in your spouse’s court.
How do I prove my spouse is ignoring divorce papers?
There are a few ways to go about showing the court that your spouse is being challenging.
Hiring a process server or court bailiff to deliver the divorce papers is an effective way of going about it.
They will provide a certificate of service to the court as undeniable proof that this occurred and this will enable the divorce to move forward.
You can also apply for a deemed service.
This is useful when you have evidence that your spouse did receive the papers but has not responded.
Your evidence may include:
· Text messages
· Emails
· Delivery confirmation
· Proof they have accessed the online portal
If you have any of this, then it can strengthen your position and allow you to press forward with the divorce.
In some cases, it may be permitted by the court for you to use alternative methods to prevent your spouse from avoiding service.
This means that you may be able to deliver service via email or social media, or deliver it to their workplace if these options are more likely to get their attention.
If your spouse has seemingly dropped off the face of the earth and all reasonable efforts to get contact information for them have failed, the court may grant dispensed service and remove the requirement to serve papers entirely.
What are the next steps when service is proven?
Your divorce is free to proceed.
All you need to do is apply for a conditional offer once the court is satisfied that service has taken place.
There will then be a mandatory six-week waiting period after which you are free to apply for the final order and legally end your marriage.
At Palmers, we are working to support the Essex community by protecting their legal rights.
Difficult divorces can often leave people feeling powerless and alone, so we want to reassure you that we can help you handle the situation. For expert support in handling your divorce, speak to our team today.
