4. Respond to a divorce petition
If your husband or wife has started divorce proceedings against you, the divorce centre will send you a ‘divorce petition’.
You will also get:
- a notice of proceedings form
- an acknowledgment of service form
Keep the notice of proceedings form, which tells you the case number and what you should do next.
How to respond
Fill in the acknowledgement of service form. You must send this to the court by the deadline.
If you don’t respond in time
Your husband or wife might still be able to continue with the divorce if the court decides that you received the papers.
The court might decide to get the papers personally delivered to you so that there’s proof you’ve received them. You might have to pay the cost of this.
Agree with the divorce
To agree with the divorce petition, fill in and return the acknowledgment of service form to the divorce centre within 8 days, and the divorce will go ahead.
Disagree with the divorce
To disagree with the divorce petition fill in the acknowledgment of service form and return it within 8 days. Fill in the part that says you’re defending the divorce.
The divorce centre will send copies to your husband or wife.
After you return the form, you have up to 21 days to say why you are defending the divorce. This is called ‘giving an answer’.
To do this, fill in the answer to a divorce petition.
You may have to pay a £245 fee.
Start your own divorce proceedings
After receiving a divorce petition you may then decide to start your own divorce against your husband or wife - for example if you have evidence of their adultery or unreasonable behaviour. To do this, fill in a divorce petition form.
You may have to pay a £550 fee.
When a divorce is defended or both sides file divorce petitions, a court will usually hold a hearing to discuss the case.
You and your husband or wife will usually have to attend to try to come to an agreement over the divorce.
Get legal advice if there’s going to be a court hearing.