If you have attempted to serve the divorce proceedings on your spouse and this has not been possible, or they have successfully been served but your spouse refuses to return the Acknowledgment of Service (AOS) form, you can instruct a process server to serve the documents for you.

The process server will require their name, address, whereabouts, and a photograph of your spouse so that they can identify them. They will also require a copy of the Divorce Petition, Notice of Proceedings, and AOS form.  There will also be a fee for service. 

The process server will take the documents to a specified location where you expect your spouse to be and confirm that they are the correct person. Once they have successfully served your spouse with the divorce proceedings, the process server will complete a certificate of service confirming the date, time and location of service.

Your spouse will have seven days to return the AOS form to the court to acknowledge that they have received the documents and should ideally also send a copy to you.

However, if they do not, you do not have to wait to receive the AOS before making your application for Decree Nisi to the court. Once the timeframe has passed, you can make the application as the certificate of service proves that they received the documents and you are able to progress the divorce without waiting any longer.

Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall. 

To discuss how to instruct a process server or any aspect of the divorce process, please call our family law solicitors: Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.