I want to divorce my spouse but they won't play ball

Once a petition is served on the respondent in the UK they must acknowledge service within eight days. What if they don't?

All is not lost. Personal service of documents can be arranged via the court bailiff or a process server. This means that someone physically gives the papers to the respondent. If this is not possible an application can be made for substituted service. This means service made under authorisation of the court upon some other person or method, when the person who should be served cannot be found or cannot be reached. For example, this could be an order for substituted service on the respondent's bank or even via a social media account belonging to the respondent.

If the respondent admits to the petitioner that they have had the divorce papers then, in the absence of an acknowledgement of service, an application can be made for a deemed service order.

Such additional steps have a cost so they should form part of the costs claim made by the petitioner in the petition.

Different time limits apply to the service outside the UK. A full list of countries and the number of days allowed to respond to the divorce petition is found at Family Proceedings Rule 6B.

All of the above stops short of the respondent defending the petition, see further article.