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5. My spouse insists on not returning the Acknowledgment of Service (Form 4). Is the petition suspended?

Your petition will not necessarily be suspended even if your spouse does not return the Acknowledgment of Service (Form 4) if you can prove that your petition for divorce was properly served to your spouse.

 

The petition can be considered properly served on your spouse as long as an affidavit of service, made by the person who served the petition on your spouse, is provided. The affidavit of service will need to show the way in which the server knows about and could identify your spouse when serving the petition.

 

Once you can show that your petition has been served on your spouse, the subsequent process for divorce can continue.