How to Respond When Served with a Divorce Petition

Separating from your spouse is likely to be a stressful and emotional time and being served with a divorce petition can be even more so. Whether you expected the divorce proceedings to be initiated or whether they have arrived without your prior knowledge, it is essential to understand how to respond in order to manage your expectations and preserve your emotional wellbeing.

The guide below explains how to respond when you are served with a divorce petition, including how your case might be viewed by the Court, what to do if you don't agree with the information given by your ex, timescales and costs.

I've been served with a divorce petition. What should I do?

Try not to panic or become over-stressed when you receive the Divorce Petition. This is an emotive time, but in order for you to manage proceedings, it's essential that you are as calm as can be.

It is important to take your time to work through the divorce process. You are likely to come across legal terms and phrases that you are not familiar with but don't be overwhelmed by this, your solicitor is there to ensure you understand expressions and the process overall.

If you have been served with a divorce petition, you will be referred to as 'the respondent' and your ex will be required to set out the reason(s) for wanting a divorce.

What do I do if I don't agree with the allegations that are set out in the divorce petition?

If you are served with a divorce petition and you don't agree with the allegations that are made, you have a number of options to move forward:

• You could choose to defend the petition and request that it is struck out. This is a high-cost option and it is not a route that is taken by many people.
• If you are happy to proceed with the divorce but don't agree or approve of what the petitioner (your ex) has set out in the petition, you can move ahead with the divorce but have it noted that you disagree with what has been stated. This means that the divorce can move ahead undefended, but does not require court involvement for determining facts.
• If you are generally in agreement with the petition but have noted that there are spelling errors or inaccuracies with dates/places etc. you can return the petition to the petitioner with a request for the corrections to be made before moving ahead.

Does a Court review allegations relating to behaviour when making decisions on financial matters?

The Court does not take into account any allegation made relating to either partner's general behaviour when they are considering financial decisions in a divorce. However, if a conduct allegation is made, the Court will consider this during the decision making as it can have a direct impact on financial matters.

The possible conduct considerations that a court might review include:

• Financial misconduct - for example, if one of the couple had gambled significant sums of money or had been involved in cases of fraud.
• Litigation Misconduct - for example, if one of the couple was dishonest or attempted to conceal relevant information during the court proceedings.
• Legal conduct may have an impact if the Court deems it relevant. This includes murder, sexual abuse of a child or violent attacks that disabled the partner.

What happens if I don't respond to the divorce petition within 7 days as stated?

The divorce petition will request your response within 7 days by requesting that you return the Acknowledgement of Service. This is so that your ex can prove to the Court that you received the petition, as they won't be able to proceed with next steps in the divorce until this is done.

If you don't return the Acknowledgement of Service within 7 days deliberately or if you choose to ignore the divorce petition, arrangements can be made to deliver to you again in person to ensure that you definitely have a copy. Alternatively, the petitioner can apply for a court order that erases the need to prove that the petition was received by you.

If you don't submit the Acknowledgement of Service on time, return it as soon as possible. This reflects well on your conduct and ensures that divorce proceedings can continue.

Will divorce proceedings stop if we haven't sorted out our finances first?

In England and Wales, divorce proceedings can continue even if your finances have not yet been sorted. This is because, in England and Wales, divorce, financial matters and childcare disputes are all dealt with in separate proceedings and sometimes by different courts. This means that you can get a divorce before having a legal agreement in place relating to your finances.

There may be many valid reasons to wait for your financial settlement to be completed before completing your divorce. For example, if your ex was to pass away before the financial agreement was finalised, certain benefits such as death in service and life insurances may be affected.

Am I obliged to pay for the legal fees and costs for my ex too?

If in the divorce petition, your ex has made a claim for costs, then you will be required to pay for their legal costs which will include court and solicitor fees.

You are entitled to object to paying the costs, but a court will need to hear your case and they will make a decision. Be aware that you will also incur charges for this court hearing.

It is wise to request that costs are removed before the petition is issued whilst you're in the negotiation stage of proceedings, if possible.

How long will it take for the divorce to be completed?

It is likely to take several months for your divorce to be complete and the average time for completion in England and Wales is 26 weeks.

The amount of time that it takes for the divorce to be finalised will depend on the level of agreement you have with your ex, how much court intervention is needed and any delays that occur in paperwork.