The initial divorce procedure

Once you return your divorce petition to the court, you have started the divorce process. From now on you are legally known know as ‘the petitioner’. Your husband or wife will be referred to as ‘the respondent.’

You will need to supply copies of your marriage certificate, details of any children involved and also the name and address of any person with whom your husband or wife has committed adultery if you wish to name them in the divorce proceedings as grounds for the divorce. They are known as ‘the co-respondent’.

Sending the divorce petition to the respondent

The court will serve (i.e. send) a copy of your divorce papers to the respondent and co-respondent. If the court is unable to serve the respondent and/or co-respondent with the divorce papers then they will contact you.

Once the divorce papers have been served, the court will send you a copy of Form D9H (notice of issue of petition) which will confirm that they have been sent; act as a receipt for your fee (if applicable) and inform you of your divorce case reference number.

Once the divorce papers are served on the respondent (and co-respondent), he/she is required to confirm that he/she has received the divorce papers by completing Form D10 (acknowledgement of service) and returning it to the court. Once the court has received this document, they will send a copy to you for your personal reference.

If the respondent (and/or co-respondent) live in England & Wales, he/she will have eight days starting on the day after they have received the petition to send Form D10 to the court. If he/she doesn’t do this, the court will contact you and ask for more details and, if necessary, arrange for a court official - known as a bailiff - to serve the petition in person. If the respondent and/or co-respondent live outside of England and Wales then the eight-day time limit will be extended by the court and you will be informed of this.

Once in receipt of your petition, the respondent (and co-respondent) will do one of the following:

a) Ignore the documents and not send Form D10 (acknowledgement of service) to the court

Where eight days have passed since the petition was served by the court on the respondent and co-respondent, and the respondent (and/or co-respondent) have not sent Form D10, the court will provide you with Form D89 (request for bailiff service).

You must complete Form D89; return it to the court, attaching either a photo or a detailed description of the respondent and/or co-respondent, along with the required fee.

Once the court has processed your Form D89, they will ask the court bailiff to deliver the divorce papers to the respondent and/or co-respondent personally. You will be informed when they have done so.

b) Return Form D10 (acknowledgement of service) indicating that they contest the application

The respondent and co-respondent have 29 working days to provide a defence, starting on the day after which they have received the divorce papers.

If you do not receive a defence within this period of time then you may apply to the court for directions for trial (see below).

If you do receive a defence, you are advised to seek legal advice.

c) Return Form D10 (acknowledgement of service) saying that they agree with the petition

If this is the case then you may apply for directions for trial (see Divorce procedure continued).