How to Serve a Divorce if You Can’t Find Your Former Spouse
If an application for divorce has been made and it is not a joint application, the Applicant is required to serve a sealed copy of the application on the respondent. Service can be made either by way of personal service or through the post.
When the respondent cannot be located to enable service to happen, there are two options:-
- Substituted service; or
- Dispensation of service
The court can order that the documents be served on another person other than the respondent. Before the court will make an Order for substituted service, it must be satisfied that the substituted person (for service) will be able to bring the documents to the attention of the respondent.
Dispensation of Service
The court may order that service does not need to occur if it can be shown that all reasonable attempts have been made to locate the respondent.