Divorce can be a tricky process to navigate, even in the most amicable of situations, but things can feel so much harder if you find yourself in the position that your partner refuses to go through with a divorce.
Whilst all divorces in the UK are now considered to be no-fault divorces, in Scottish law you must still prove that the marriage has irretrievably broken down, and only one partner can submit divorce papers - which the other must agree with or contest. So, what happens if your partner refuses to cooperate and neither agrees with or contests the divorce?
Read on as we cover what your options are in this scenario.
Deemed Service
If your partner has received the divorce papers but has not signed them (and has had adequate time to do so) nor delivered their Acknowledgement of Service to the court, then you will need to prove to the court that they have received the papers.
Even if they are not talking to you, if you have evidence that they have received and seen the papers, for example a text message from them confirming as such, then you can file this evidence to the court and request an order of ‘deemed service’. This will allow the court to move on with the next stage of the divorce proceedings.
Instruct a Process Server
If the court decides that the evidence provided is not strong enough to prove that your partner has seen the divorce papers, then you may consider instructing a process server.
This is someone who delivers divorce papers directly to your partner on behalf of your divorce lawyer. They are especially useful to use if you do not know the location of your partner’s whereabouts, as they have access to databases that can help them to track down your partner wherever they are.
Upon serving the divorce papers to your partner, they will submit a certificate of service, which can be used to then prove to the court that they have received the divorce petition.
Dispense with Service
In the event that your spouse is avoiding you and you are unable to serve the divorce petition to them, then you may be able to apply for a dispensed service as a last resort.
In order to apply for a dispensed service, you must prove to the court that you have made all reasonable attempts to trace your partner and serve them the papers - all of which must be backed up with detailed records and receipts.
If a dispensed service is granted, then you will be able to proceed with your divorce, even without your partner’s consent.
Advice from a Divorce Lawyer
If you’re looking to apply for a divorce in Scotland, then we can help you here at DJP Solicitors. Whether you’d like help drafting up a separation agreement or require assistance due to your spouse refusing to sign papers, then our expert lawyers are on hand to offer expert advice.
Get in touch with us today to discuss your situation.
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