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I want to divorce my wife based on five years separation but I know she will ignore the papers. Should I try to employ someone to serve the papers on her?
I left my wife in July 2003. Upon leaving I signed over 100% of my house to her as a verbal agreement to the separation and divorce. We have no children. Since 2005 I have been in a new relationship and wish to re-marry. My wife will not agree to a divorce (I petitioned for divorce on grounds of two years separation with consent in 2007) but she did not respond to the papers at all. She is refusing all contact with me and I am pretty sure that if I petition on the grounds of five years separation without consent she will ignore the papers sent to her. What do I have to do to prove to the Court that she has received the Petition if she refuses to communicate? Should I try to employ someone to serve the papers on her?
Yes, you can employ a Process Server to serve the divorce papers on your wife, provided you have proof of service you will be able to proceed with the divorce even if your wife ignores the papers. There may be various other options available to you if your wife fails to acknowledge receipt of the papers but if you can incur the expense of a Process Server then this is likely to be the quickest way forward. You will also need to deal with the original Petition before the Court, if it has not already been dismissed.
We offer fixed fee divorce services and our costs are £400 + VAT to manage your divorce from beginning to end. In addition you will incur Court fees of £340 and £7 oath fees when you swear your Affidavit, once the proceedings are up and running. I would estimate a Process Server will charge between £80 - £100. We can negotiate a fixed price for the Process Server and in some cases we can agree a 'no serve - no fee' but I would need more details from you to enable me to be more specific about this fee.
If you are interested please reply to this e-mail and I will ring you to discuss further.
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