Updated 10th February 2026 | Fact Checked By Jess Knauf, Co-Founder, Family Law Service
Quick Summary: How to Respond to a Divorce Petition
- What responding to a divorce petition means: You have 7 days to acknowledge receipt and indicate whether you agree or defend
- The key form: You’ll complete an Acknowledgement of Service (AOS1 form) to respond officially
- Common concerns: Many worry about costs, timescales, and whether they need a solicitor
- Your three response options: Agree entirely, agree to divorce but dispute details, or defend (very rare)
- When legal advice helps: If there are disputes about finances, children, or you’re unsure about your rights
- Real-world insight: At Family Law Service, we help clients complete court forms correctly and prepare for each stage
Understanding Your Divorce Petition Response
How to respond to a divorce petition might feel overwhelming when the envelope arrives, but it’s actually a straightforward process once you understand your options.
When your spouse files for divorce, you’ll receive an official petition (now called an application under the new no-fault divorce law). You’re legally required to respond, even if you agree with everything. Ignoring it won’t make the divorce go away, it just delays proceedings and can lead to additional costs.
The good news? Most divorces in England and Wales are uncontested, meaning both parties agree. But knowing how to respond properly protects your interests from the start.
What Happens When You Receive the Petition?
The court will send you:
- The divorce application
- An Acknowledgement of Service form (AOS1)
- Information about the divorce process
- Details about timescales
You have 7 days from receiving the application to return your Acknowledgement of Service. Miss this deadline, and the court may proceed without your input.
“We often see clients panic when they receive the petition,” says Jess Knauf – co-founder FLS. “But responding doesn’t mean you’re agreeing to anything unfair. It simply means you’re engaging with the legal process properly.”
How to Respond to a Divorce Petition: Your Three Options
Option 1: Agree to the Divorce (Most Common)
This is the route most people take. You acknowledge receipt, confirm you’ve received the documents, and indicate you won’t defend.
This means:
- The divorce will proceed as an uncontested case
- Timescales are faster (usually 20-26 weeks total)
- Costs are lower
- You can still negotiate finances and child arrangements separately
Option 2: Agree to Divorce, But Dispute Details
You might agree the marriage has broken down, but disagree with:
- Financial proposals
- Child arrangement suggestions
- Specific statements in the application
You’ll still complete the Acknowledgement of Service, but you can flag these disputes for later court hearings.
Option 3: Defend the Divorce (Very Rare)
Under the no-fault divorce system introduced in April 2022, defending a divorce is extremely difficult. You can only defend if:
- The marriage is not legally valid
- The court doesn’t have jurisdiction
- There are procedural errors
“I remember a client we had at Mediate UK” – Recalls Jess – “Who initially wanted to defend purely out of anger. After one conversation, we helped them see that uncontested divorce with proper financial mediation gave them far better outcomes than expensive court battles.”
Completing Your Acknowledgement of Service
The AOS1 form is straightforward, but accuracy matters. You’ll need to:
- Confirm your details (name, address, case number)
- State whether you agree or defend (tick the appropriate box)
- Indicate if you’ll apply for costs (rare in no-fault divorces)
- Sign and date the form
- Return it to the court within 7 days
Common mistakes include:
- Missing the 7-day deadline
- Ticking the wrong boxes
- Forgetting to sign the form
- Not keeping copies for your records
Want to get started? Just enter your name and we’ll guide you through the next steps.
What Happens After You Respond?
Once you’ve returned your Acknowledgement of Service:
Week 1-2: The court processes your response and notifies your spouse
Week 3-20: The 20-week ‘reflection period‘ allows both parties to sort finances and child arrangements
Week 20+: Your spouse can apply for a Conditional Order (formerly Decree Nisi)
Week 26+: Six weeks after the Conditional Order, they can apply for the Final Order, legally ending your marriage
During this time, you can work on:
- Financial settlements (dividing assets, pensions, property)
- Child arrangements (residence, contact schedules)
- Spousal maintenance agreements
When Should You Get Legal Advice?
You probably need professional support if:
- There are significant assets or complex finances
- You have children and can’t agree on arrangements
- Your spouse is hiding assets or income
- You’re unsure about your rights regarding the family home
- There’s been domestic abuse
- You’re worried about being financially disadvantaged
At Family Law Service, we offer fixed-fee services specifically designed for different stages:
- Court Form Completion: Form A; Form C100; Form E
- 1-Hour Legal Advice: Get clarity on your specific situation (fixed fee)
- Court Prep Meetings: Understand what to expect and how to present your case
- Case Reviews: Have a specialist review your paperwork before submission
- CAFCASS Prep: If child welfare is involved, we’ll prepare you for interviews
Protecting Your Interests While Responding
Even if you’re agreeing to the divorce, protect yourself by:
Not agreeing to financial settlements too quickly: The divorce itself is separate from dividing assets
Documenting everything: Keep records of all communications, financial information, and agreements
Getting independent advice: Your spouse’s solicitor doesn’t represent your interests
Considering mediation first: For finances and children, mediation is often faster and cheaper than court
“Our experts worked with a client recently who nearly signed away half her pension rights because she thought responding to the petition meant agreeing to everything,” explains Jess. “A one-hour legal advice session saved her over £80,000.”
Common Mistakes to Avoid
❌ Ignoring the petition: This leads to delays and can proceed without your input
❌ Defending out of emotion: Under no-fault divorce, this rarely succeeds and costs thousands
❌ Mixing up divorce and finances: These are separate legal processes
❌ Not taking copies: Always keep copies of everything you send to court
❌ Missing deadlines: Courts take timescales seriously
What If You Can’t Find Your Spouse?
If you’re the petitioner and your spouse doesn’t respond, you can apply for:
- Deemed service (if you can prove they received it)
- Dispensation of service (if you can’t locate them)
- Bailiff service (for evasive respondents)
If you’re the respondent and you’ve moved, update your address with the court immediately, or you’ll miss important documents.
The Cost of Responding
Court fees: £0 (there’s no fee to respond with an Acknowledgement of Service)
Legal support: Varies from £150 for form completion to £300+ for full legal advice
If you defend: Defending can cost £5,000-£15,000+ in legal fees, and rarely succeeds under no-fault law
You Don’t Have to Do This Alone
Responding to a divorce petition might feel daunting, but it really is more straightforward than it first appears. The key is understanding that your Acknowledgement of Service is simply a formal response, not a commitment to any financial or childcare arrangements you haven’t agreed to yet.
Most people complete this step without any drama at all. And for those who need a bit of guidance, whether that’s help filling in the form correctly, understanding what happens next, or preparing for discussions about finances and children, support is available without the hefty solicitor fees.
At Family Law Service, we offer fixed-fee services designed for exactly this stage. From court form completion (so you know it’s done right) to 1-hour legal advice sessions (so you understand your options), we’re here to give you clarity and confidence without any surprises on cost.
Whatever your situation, responding promptly and correctly is the first step towards moving forward on your terms.
Ready to Take the Next Step?
Filing for divorce is just the beginning. What you’re entitled to financially can make a huge difference to your future security and peace of mind.