Divorce Papers: What To Do If Your Estranged Spouse Refuses To Sign?

The divorce process is emotionally challenging and stressful for many separated couples, irrespective of whether they have mutually agreed to go their separate ways. However, if one partner refuses to sign the divorce papers, it can make a difficult situation more frustrating and distressing.

As divorce and family solicitors in Burton on Trent, Astle Paterson offers a professional service to help you to manage this challenging situation. Our team are members of Resolution and the Family Law Panel and are committed to protecting your best interests and safeguarding the future of your children, whether your spouse agrees to sign the divorce papers or not.

Proactive Steps To Take When Your Spouse Refuses To Sign

There are many reasons why your partner may not have signed the divorce papers after they have been served. They might not, for example, have received them, they might be in denial about the breakdown of the relationship, or they might be digging in their heels to cause maximum hurt to you.

Whatever the reason, taking a focused, proactive approach can help to resolve the situation and enable you to move onto the next stage of your life:

1. Ensure the divorce papers have arrived. Your spouse can not be expected to sign documents that have disappeared in the post so, if possible, make sure the papers have arrived at your partner’s address with the Acknowledgement of Service Form.
2. Trace your spouse. If your partner has moved out and you do not have their address, you can request permission to serve the divorce papers through their employer or a relative.
3. Instruct a bailiff. For an additional fee of £110, you can instruct a Court Bailiff to re-serve the divorce petition. This provides you with a guarantee that the papers have been received so you do not need to wait for your spouse to return the acknowledgement before progressing to the next stage of the process.
4. Use a Process Server to re-serve the papers. This service works in a similar way to using a Court Bailiff, but more efforts will be made to serve the documents to your spouse in person, so you can be confident of a higher chance of success.
5. Apply for a dispensed service. This is the option of last resort if you can demonstrate to the court that you have exhausted all possible means of serving the divorce papers to your spouse but have not received a response.

If you are having problems serving divorce papers on your spouse, it can be beneficial to seek professional advice from an experienced family lawyer, who can guide you through your options and help you to make an informed decision about your best course of action.

Contact Us For More Expert Professional Advice

To find out more about our sensitive and discrete services for couples considering divorce, please get in touch with Astle Paterson on 01283 531366 or send our team an enquiry and we will be pleased to support you.

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