Navigating the complexities of divorce is challenging, and it can become even more stressful if your spouse does not respond to the divorce application. However, there are clear steps you can take to ensure the process moves forward. Here’s a guide on what to do if your spouse fails to respond to a divorce application in England or Wales.

Understanding the Process

When you apply for a divorce, your spouse (the respondent) is required to acknowledge receipt of the divorce application by completing and returning the Acknowledgement of Service form within 14 days. This form is crucial as it confirms that they have received the divorce papers and indicates whether they intend to contest the divorce.

What Happens if Your Spouse Doesn’t Respond?

If your spouse does not respond within the specified timeframe, you can take the following steps:

1. Serve the Papers Again

First, you might consider re-serving the divorce papers. This involves arranging for the documents to be delivered to your spouse again, but this time through a more formal method. You can employ a professional process server or bailiff to ensure the papers are delivered. This method provides proof of service, which is critical if your spouse continues to ignore the application.

2. Apply for Deemed Service

If you have evidence that your spouse has received the divorce papers but has chosen not to respond, you can apply to the court for deemed service. This application asks the court to consider that your spouse has been served with the divorce papers, based on the evidence provided (such as a process server’s statement).

3. Apply for a Dispensation of Service

In some cases, if you are unable to locate your spouse or they are deliberately avoiding being served, you can apply for a dispensation of service. This means you are asking the court to proceed with the divorce without needing to serve the papers to your spouse. You will need to demonstrate that you have made all reasonable efforts to locate and serve them.

Proceeding to the Next Stage

Once the court is satisfied that your spouse has been properly served (either by deemed service or dispensation of service), you can proceed to apply for the conditional order (formerly known as the decree nisi). This is the next step in the divorce process and signifies that the court sees no reason why you cannot divorce.

Finalising the Divorce

After the conditional order is granted, you will need to wait for a minimum of six weeks before applying for the final order (formerly known as the decree absolute). This final order legally ends the marriage.

Seeking Legal Advice

If your spouse does not respond to the divorce application, it’s often beneficial to seek legal advice. A solicitor can guide you through the process, help with applications for deemed service or dispensation, and ensure all legal requirements are met.

Emotional Support

Dealing with an unresponsive spouse can be emotionally draining. Don’t hesitate to seek support from friends, family, or professional divorce coaches to help you cope during this challenging time.

Conclusion

While an unresponsive spouse can complicate the divorce process, there are several steps you can take to move forward. By understanding your options and seeking appropriate legal and emotional support, you can navigate this difficult situation and work towards a resolution. Remember, the legal system in England and Wales provides mechanisms to ensure that your divorce can proceed, even if your spouse chooses not to participate.