What to do when you receive a divorce petition

By Garry SteedmanPublished 9 January 2020Updated 3 October 202615 mins read13 sections

Part of: Divorce Specialists

If you have received a divorce application, it is worth considering your next steps carefully, as these will depend on your circumstances. Since 6 April 2022, the person starting the divorce is called the “applicant” (not the “petitioner”) and the paperwork is a “divorce application” (not a “petition”).

It is important to seek legal advice at the outset of receiving a divorce petition to ensure you understand your rights and options from the very beginning.

Quite often couples are aware of divorce as divorce is finally filed after years of separation and is well anticipated. In other situations, the divorce petition may come as a complete surprise to the person receiving paperwork. Many partners who receive a divorce petition often question what to do when you receive a divorce petition. We have compiled initial advice on how to respond and what actions to take upon receiving the divorce petition.

This page describes the law of England and Wales.

I received divorce papers now what?

Quite often upon receiving a divorce petition a partner has no idea what needs to do and often thinks I received divorce papers now what? After receiving divorce papers immediate action needs to be taken by the partner to protect their legal rights and future.

It is important to read the divorce petition carefully. This usually contains information of which the spouse needs to be aware of. The divorce petition lists the court where the petition was filed. The divorce petition also confirms a deadline by which a response must be provided as well as indicating whether your partner is acting on their own or have a representative. The divorce petition also includes a statement that the marriage has broken down irretrievably and highlights whether other issues such as financial matters and child arrangements issues need to be addressed. However, child arrangements are separate from the divorce itself and may require a separate legal process, such as a consent order, to ensure any agreement is final and enforceable.

Received divorce papers what do I do?

Received divorce papers what do I do? This is a common question. The answer to this depends on whether you agree to the divorce or not. You must respond by completing the acknowledgement of service within 14 days of service of the divorce application, whether you respond online or by post. Your notice of proceedings will tell you how to respond; if the application was made online, it will include an access code so you can respond through the online service. If you agree with the divorce, this lets it carry on.

Received divorce papers what do I do if I disagree?

If you do not agree with the divorce, you can dispute it. This used to be called a defended divorce. You must still file the acknowledgement of service within 14 days of service of the application. You then have 21 days from that deadline to file an answer giving your reasons (Family Procedure Rules, rule 7.7(1) and (5)).

Defending a divorce petition can involve challenging the jurisdiction of the court—such as if you believe the court does not have the authority to hear the case—or challenging the validity of the marriage, for example, if the marriage was never legally recognised. Since the no-fault divorce reforms of 6 April 2022, you can no longer dispute a divorce simply because you disagree that the marriage has broken down, or because you object to how the breakdown has been described. A divorce application can only be disputed in limited circumstances — for example, if you believe the courts of England and Wales do not have jurisdiction, the marriage was never legally valid, or it has already legally ended.

On the acknowledgement of service, say that you intend to dispute the divorce. After this, you will need to complete an answer to a divorce application (form D8B), giving the legal reasons for disputing the divorce, and pay the court fee.

As part of the response process, you may also be required to submit a statement outlining your position and intention regarding the divorce, including whether you intend to defend the petition or not.

What are divorce papers?

Divorce papers are the documents the court sends you when your husband or wife has applied for a divorce. Since 6 April 2022 they come as a set. You get a copy of the divorce application and a notice of proceedings, which gives your case number and the deadline to reply. You also get an acknowledgement of service form, which is how you reply. They arrive online or by post (GOV.UK: reply to a divorce application).

Keep the notice of proceedings safe, because it holds the access code you need to reply online. Later on you may need a copy of an order made in the case, such as the conditional order. Our guide to getting a copy of decree nisi paperwork explains who holds it and how to ask the court. If it is you starting a divorce by post, the D8 form guide covers the paper application.

How do you respond to a divorce application?

You respond to a divorce application by completing the acknowledgement of service and filing it within 14 days, counting from the day the application was served on you (Family Procedure Rules, rule 7.7). Your notice of proceedings gives the exact date. If you live outside England and Wales, a different period can apply under rule 6.42, so go by the date on your notice.

If you are dealing with it yourself, you can reply online using the access code from your notice of proceedings. A reply prepared by a legal representative goes by post to the address on the form. Either way, the court confirms it has received your reply and sends you a copy.

On the acknowledgement of service you say whether you agree with the divorce or intend to dispute it. If you agree, the divorce goes ahead. If you intend to dispute it, you must also file an answer within 21 days of the deadline for your acknowledgement of service (rule 7.7(5)). You can only dispute a divorce for a legal reason, such as the court not having jurisdiction or the marriage not being valid. Not wanting the divorce is not one of them.

Do I have to respond to a divorce petition?

Once you are in receipt of the divorce petition from your spouse or the court you are required to respond to the petition. Quite often some spouses may choose deliberately or unknowingly not to respond to the petition. A response to the petition is your opportunity to provide your position on the divorce to the court. By failing to respond to this, you may jeopardise your interests, lose some of your rights, and risk the courts proceeding with the divorce without your involvement.

Although the courts can deal with a divorce without your response, our specialists encourage parties to respond to the divorce to ensure they are kept up to date with any hearings and can address any issues which arise later. If you are unsure how to respond, it is important to seek support—whether legal, emotional, or practical—to help protect your interests throughout the process.

Can I ignore a divorce petition?

Our family specialists have encountered that quite often a respondent who has received a divorce petition may choose to ignore this. If you choose to ignore a petition in the hope that this may prevent or delay your divorce, then you need to reconsider your stance.

In such cases where the courts are satisfied that a petition has been deemed served, the courts can progress the divorce and the process may go ahead without your involvement. Although this can cause some delay, it is not impossible for the divorce to move ahead. If you ignore the petition, issues such as financial matters or child arrangements may be resolved by the court without your participation, which could negatively impact your interests. Where a respondent seeks to ignore the petition, they must note that they risk their position.

By ignoring a petition which you have received, you may not be made aware of any court hearings and may not be able to defend any issues which have been raised by your partner. Unless you agree to the divorce, ignoring a divorce petition is never a good idea. Upon receipt of a divorce petition you should seek legal advice to protect your position.

Contact our specialists today for an initial consultation to discuss the next steps and your options if you have received a divorce petition.

What happens if you don’t respond to a divorce petition?

Failing to respond to a divorce petition can have significant implications for your case. Your failure to respond to a petition may result in the courts not notifying you of any hearing dates, as the courts may believe that you do not wish to participate in the case.

A response to a divorce petition is to let the courts know your position in the case. It is also your opportunity to inform the court of what you want to achieve from the divorce. By failing to respond to the divorce, you could lose many of your rights.

Your failure to respond to a divorce petition may not necessarily prevent your partner from obtaining a divorce. The divorce can still go ahead without your response. Once the court is satisfied you have received the application — for example, through personal delivery of the papers — your spouse can continue with the process and apply for a conditional order, and later a final order. Even if you do not respond or attend any hearing, the judge may grant the divorce as the court sees fit. In such a case, the judge can also make other decisions in the divorce and address issues your spouse wants to raise.

In conclusion, by failing to respond to a divorce petition, you may never be given the chance to present your side of the case. The court may issue orders against you which you could have defended. Your failure to respond may also cause the divorce to take much more time than you want and could impact your ability to progress with your personal and family life.

What happens after an acknowledgement of service?

Once you have responded, the divorce follows a set timetable. The applicant cannot apply for the conditional order until at least 20 weeks after the application was issued, and the final order cannot be applied for until at least six weeks and one day after the conditional order. The final order legally ends the marriage, but it does not end financial claims between you — a separate financial order is usually needed to achieve a clean break.

Defending a divorce petition

If you need to defend divorce proceedings, our family law specialists in England can provide the support and legal guidance you need. Since 6 April 2022 you can only dispute a divorce on limited legal grounds, explained below; disagreeing with the reasons for the breakdown is not one of them. Our family lawyers are here to protect your interests and help you achieve a fair outcome.

As of 6 April 2022, the law in England changed, removing the requirement for fault-based grounds for divorce. Now, an applicant can simply state that the marriage has irretrievably broken down, and the process is referred to as a ‘disputed divorce’ rather than a ‘defended divorce’, with the ‘petitioner’ now called the ‘applicant’. Respondents can only dispute a divorce application in limited circumstances, such as challenging the court’s jurisdiction or the validity of the marriage or civil partnership. The process for civil partnership dissolution is similar and can also be challenged or defended.

To dispute the divorce, you must first indicate this on your acknowledgement of service, then file an “answer” (Form D8B) within 21 days of the date your acknowledgement of service was due, setting out the legal basis for disputing the application. A court fee is payable when filing an answer — check the current amount on GOV.UK, as fees change. If you are on a low income or certain benefits, you may qualify for Help with Fees.

If the divorce is disputed, both parties may have to attend a court hearing where the judge will hear evidence, statements, and arguments from both sides before deciding whether to grant the divorce. For example, you may give evidence that the court does not have jurisdiction or that the marriage was not legally valid. If the judge grants the divorce, a decree nisi (now called a conditional order) is issued, and after a waiting period, a decree absolute (final order) is granted, formally ending the marriage or civil partnership. If the divorce is not granted, the applicant may appeal or reapply with a good reason.

The defended divorce process can lead to significant delays and additional costs compared to an undefended divorce, as it often involves more complex legal proceedings. The court will consider the interests of both parties, the evidence presented, and the statements made to reach a fair outcome. Parties may also need to negotiate financial orders and child arrangements, and legal support from a family lawyer is crucial to protect your relationship with your children and your financial interests. Our family law team is here to support you throughout the process and help you protect your position.

Can I withdraw my divorce petition?

If you change your mind after applying, it may be possible to withdraw or stop the divorce, depending on the stage it has reached and whether the application was sole or joint. Once the final order has been made, the marriage has legally ended and this cannot be reversed. If you are considering withdrawing an application, speak to our team for guidance on the correct procedure in your case.

Where an answer to a divorce has been filed, the petition for divorce can only be withdrawn if both parties accept and agree to dismiss the case. Only when both parties accept the withdrawal can the matter be resolved and the case dismissed. If, however, the final divorce decree has been issued then you are not able to withdraw your divorce petition.

The process of withdrawing a divorce petition can vary. In some instances, a simple letter requesting the withdrawal of your petition can be sufficient. Alternatively, you may be asked by the court to fill out a form and return it to the court to withdraw your petition. Should you be in a position where you are considering withdrawing your divorce application contact our divorce specialists today for a free initial consultation to find out more.

Is it better to be the petitioner or the respondent in a divorce?

This is a common question our divorce specialists are asked about. However, the answer to this question is difficult and not straightforward. In divorce proceedings the petitioner is the person who has filed for the divorce. This often means they have a lot more to do than the respondent. This can be time-consuming as well as stressful.

The respondent on the other hand is the partner who answers the divorce petition. The role of the respondent can be less strenuous if the divorce is amicable. However, when the divorce needs to be challenged or contested this can also cause significant stress.

The answer to whether it is better to be the petitioner or respondent in a divorce depends on your personal situation and interests. It is important to consider your interests—both personal and financial—when making this decision. Seeking advice from a family lawyer can help you understand your options and ensure your interests are protected throughout the process. Under the current no-fault system, neither party has to give reasons or assign blame, so there is generally little legal advantage in being the applicant rather than the respondent. It is also now possible to apply for a divorce jointly, which can help keep the process amicable. Which route suits you depends on your personal circumstances, and tailored advice from a family lawyer can help you decide.

What to do when you receive a divorce petition if you are out of the country?

Quite often couples separate before making an application for a divorce. In such cases, one partner may have moved or settled abroad. If you receive divorce papers from your partner who remains within the United Kingdom, you may need to consider whether the English courts have jurisdiction to hear your case. If you believe the case should not be heard in England, you may need to challenge the jurisdiction of the English courts. At Kabir Family Law, we can assist in these situations. Our matrimonial experts are able to cater for clients who wish to pursue or defend a divorce within the UK.

So whether you are a respondent who is based abroad, or a petitioner who is living abroad and wants to initiate a divorce in the UK we can help.

At Kabir Family Law we specialise in International Family Law and provide consultations to take place via Skype and WhatsApp at a time to suit your needs.

Get legal advice today if you have been served with a divorce petition

If you are still unsure on what to do when you receive divorce papers, then you can contact Kabir Family Law. Our family lawyers in York and our dedicated family law team nationally specialise in divorce law, handling both contentious and amicable cases with expertise and empathy. For immediate assistance, contact our divorce specialists today to help you complete and return your acknowledgement of service, as well as advise you on other issues concerning your divorce such as resolving your finances and child issues. Contact us today to discuss your options or let us call you back.