What do you do if you’re served with divorce papers? Receiving divorce papers can be a shock, even if you were expecting them. The important thing is not to panic if you’re served with notice of divorce proceedings against you. This basic checklist outlines how to respond to a divorce petition.

When receiving a divorce petition, you will be presented with legal terms and law jargon that you may not understand, which can be unnerving. However, there’s no need to worry, we’ll explain these things to enable you to make an informed decision about the best course of action for you.

Expect to receive a copy of the divorce application (petition), plus:

  • A ‘notice of proceedings’
  • An ‘acknowledgement of service form’, which will be sent by email or by post

You will need to keep the notice of proceedings document for a record of your case number and what you will need to do next. You will need to return the acknowledgement of service form.

Steps to take to respond to a divorce petition

Respond to a Divorce Petition

Respond to a divorce petition in the right way for you.

  • Do I agree with the allegations in the divorce petition?

If allegations are made in the divorce petition that you disagree with, there are a couple of options available to you.

Option 1: You can choose to contest the petition, however, many people decide not to pursue this option because of the costs involved. We’d recommend talking to us at Holland Family Law to determine if this is in your best interests. Disagreeing with the divorce will result in a court hearing.

Option 2: You can agree to the divorce, and not contest it, but you can make it clear that you disagree with the allegations made by your partner as the grounds for divorce.

  • Respond within 7 – 8 days

Depending on how your partner applied for a divorce, you will have 7 or 8 days to respond using the acknowledgement of service form.

You have 7 days to submit your response if your partner filed for divorce online. If they applied for a divorce by post you have 8 days.

It’s important that you respond on time. If you don’t, your partner could potentially continue with divorce proceedings if the court decides that you have received divorce papers.

If you forget to respond, or ignore the papers, the court may deliver the petition to you personally as proof that you received them. It’s likely that you will have to pay the cost of this.

  • File a cross divorce petition

If you have grounds for divorce, you can file a cross petition. Again, this is likely to involve a court appearance to come to an agreement over the divorce. You can talk to us about filing a counter petition.

  • Finalise the divorce

If your partner started the divorce, but they’ve not yet applied for the legal document that confirms the end of the marriage (the ‘decree absolute’), you can apply for it. However, you can only do this if it has been at least 3 months after the date your spouse could have applied for the decree absolute.

Need help to respond to a divorce petition?

Having a qualified divorce lawyer on your side will ensure that you respond to a divorce petition in the right way. For the support you need, talk to me – Claire Holland. Call 0116 436 2170 or email claire@hollandfamilylaw.co.uk today.