Updated 10th February 2026 | Fact Checked By Jess Knauf, Co-Founder, Family Law Service
Quick Summary: What You Need to Know
- What happens after you file for divorce includes waiting for court acknowledgment, serving papers to your spouse, and potentially attending a hearing
- Common issues include delays in court processing, disagreements over finances or children, and confusion about the next steps
- Legal steps involve application acknowledgment, acknowledgment of service, conditional order, and final order
- Mediation can help resolve disputes about finances and children without going to court
- Family Law Service offers court form completion, case reviews, and legal advice to guide you through each stage
- Most straightforward divorces take 6-9 months, though contested cases can take longer
What happens after you file for divorce? It’s one of the most common questions we hear, and it’s completely understandable. You’ve taken a big step by submitting your divorce application, and now you’re wondering what comes next.
The truth is, many people expect immediate action after filing. But the reality involves waiting periods, paperwork, and several distinct stages before your divorce becomes final. Understanding these stages can help you feel more in control during what can be an uncertain time.
In this guide, we’ll walk you through exactly what happens from the moment you file, what timelines to expect, and how to handle any complications that might arise.
The First Step: Court Acknowledgment
After you’ve submitted your divorce application (either online or by post), the court will review it to check everything is in order.
Within 1-2 weeks, you should receive an acknowledgment from the court. This confirms they’ve received your application and it’s been processed. You’ll also get a case number, which you’ll need for all future correspondence.
“We often see clients worry when they don’t hear back immediately,” says Jess Knauf, our Co-Founder, FLS. “The courts are processing thousands of applications, so some delay is normal. But if you haven’t heard anything after three weeks, it’s worth following up.”
If there are any issues with your application, such as missing information or incorrect fees, the court will contact you. They might reject the application and ask you to resubmit it with corrections.
Serving the Divorce Papers to Your Spouse
Once the court has issued your application, the next crucial step is serving the papers to your spouse (known as the respondent).
There are several ways this can happen:
- Court service: The court sends the papers directly to your spouse’s address
- Personal service: You arrange for a professional process server to deliver the papers
- Deemed service: If your spouse can’t be located, you may apply for the court to proceed without formal acknowledgment
Your spouse has 14 days to respond after receiving the papers. They’ll need to complete an acknowledgment of service form, confirming they’ve received the application and whether they intend to defend it.
We worked with a client recently whose ex-partner kept “forgetting” to return the acknowledgment form. After several reminders, we helped her apply for deemed service, which allowed the divorce to progress without further delays.
Understanding the Acknowledgment of Service
The acknowledgment of service is a simple form your spouse must complete. It asks:
- Whether they’ve received the divorce application
- Whether they agree the marriage has broken down
- Whether they agree with the facts stated in the application
- Whether they intend to defend the divorce
In most cases, respondents simply acknowledge receipt and don’t contest the divorce. Over 98% of divorces in England and Wales are undefended, so the chances of a lengthy court battle are actually quite low.
However, even if your spouse doesn’t agree with everything, they can still proceed without formally defending. Defending a divorce is rare and usually only happens in exceptional circumstances.
The Conditional Order: Your Divorce Halfway Point
Once your spouse has returned the acknowledgment of service (or the court has proceeded without it), you can apply for the conditional order.
This is what used to be called the decree nisi before the law changed in April 2022. It’s essentially the court’s statement that it sees no reason why you can’t get divorced.
You can apply for the conditional order 20 weeks after your application was issued. This waiting period was introduced to give couples time to reflect and, if needed, to sort out arrangements for finances and children.
“Many of our clients find this 20-week wait frustrating,” says Jess. “But it can actually be helpful. It gives you time to work through the practical issues without the pressure of an immediate court deadline.”
After you apply, the court will usually grant the conditional order within a few weeks. You’ll receive a certificate confirming the date it was made.
Sorting Out Finances and Children
Here’s something important to note: getting divorced is separate from sorting out your finances and children’s arrangements.
Your divorce can be finalised even if you haven’t agreed on:
- How to divide property and savings
- Pension sharing
- Spousal maintenance
- Child arrangements (where they’ll live and spend time)
- Child maintenance payments
However, it’s generally advisable to finalise financial agreements before your divorce becomes absolute. Once you have a final order, you lose certain legal rights, and it becomes much harder to make financial claims.
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Financial Settlements
If you can’t agree on finances, you have options:
- Mediation: A neutral third party helps you reach agreements (I remember a couple we had at Mediate UK who managed to sort out their entire financial settlement in just three sessions, saving thousands in legal fees)
- Solicitor negotiation: Lawyers work on your behalf to reach a settlement
- Financial remedy proceedings: Court proceedings where a judge decides how to divide assets
Family Law Service can help with court form completion for financial applications, court preparation meetings to get you ready for hearings, and case reviews to assess your options.
Children Arrangements
For children, you’ll ideally agree on:
- Where they’ll live (residence)
- When they’ll spend time with each parent (contact or visitation)
- How decisions about education, healthcare, and religion will be made
If you can’t agree, you may need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. The court can then make a Child Arrangements Order setting out the arrangements.
Family Law Service offers CAFCASS preparation meetings to help you understand what to expect if your case involves children’s services.
The Final Order: Making Your Divorce Absolute
Six weeks and one day after the conditional order was granted, you can apply for the final order (previously called decree absolute).
This is the legal document that officially ends your marriage. Once it’s granted, you’re free to remarry if you choose to.
The application is straightforward and costs £62. You simply apply online or by post, and the court typically grants it within a few days.
Important: Make sure you’ve sorted out financial matters before applying for the final order. Once your divorce is absolute, it can be very difficult to make financial claims.
What If Your Spouse Doesn’t Respond?
If your spouse doesn’t return the acknowledgment of service within the 14-day deadline, don’t panic. You have several options:
- Wait a bit longer: Sometimes people are on holiday or away, and a gentle reminder might prompt them to respond
- Apply for deemed service: You can ask the court to proceed without the acknowledgment if you can prove your spouse received the papers
- Arrange alternative service: If your spouse is avoiding service, you might need a process server or bailiff
We worked with a client whose ex-partner had moved abroad without providing a new address. We helped her apply for service via email and social media, which the court accepted. The divorce proceeded smoothly after that.
Common Delays and How to Avoid Them
Several things can slow down your divorce:
- Incorrect addresses: Make sure you have your spouse’s current address
- Missing information: Double-check your application before submitting
- Financial disagreements: Start discussing finances early to avoid last-minute disputes
- Court backlogs: Unfortunately, some delays are beyond your control, but ensuring your paperwork is perfect helps
“The clients who have the smoothest experience are those who prepare properly and keep communication open, even when it’s difficult,” Jess notes. “Our fixed-fee one-hour legal advice sessions are perfect for making sure you’re on the right track.”
Timeline: How Long Does the Whole Process Take?
For a straightforward, uncontested divorce, the timeline typically looks like this:
- Weeks 1-2: Court acknowledges your application
- Week 3: Papers served to spouse
- Week 4: Spouse returns acknowledgment of service
- Week 20: Apply for conditional order
- Week 22-23: Conditional order granted
- Week 29: Apply for final order
- Week 29-30: Final order granted
So from start to finish, you’re looking at around 26-30 weeks (6-7 months) for the simplest cases.
However, if there are complications, such as contested finances, difficulty locating your spouse, or disputes over children, or perhaps court delays the process can take 9-18 months or even longer.
When to Get Professional Help
You might manage some stages yourself, but there are times when professional guidance is invaluable:
- Complex finances: Property portfolios, businesses, pensions
- International elements: Spouse living abroad, assets in different countries
- Child arrangement disputes: When you can’t agree on where children will live
- Domestic abuse: When there are safety concerns
Family Law Service offers various fixed-fee services including court form completion, case reviews, and preparation meetings that can help you navigate these complexities without committing to full legal representation.
Frequently Asked Questions
Can I stop my divorce after filing?
Yes, you can withdraw your application at any stage before the final order is granted. You’ll need to notify the court in writing. If you’ve already paid the fee, you may be able to claim a partial refund depending on how far the case has progressed.
What if my spouse doesn’t agree to the divorce?
Under the new divorce law introduced in 2022, your spouse cannot prevent the divorce by simply disagreeing. They can acknowledge receipt without agreeing, and the divorce will still proceed. Defending a divorce is extremely rare and requires specific legal grounds.
Do I need to attend court hearings?
For a straightforward, uncontested divorce, you typically won’t need to attend court. Everything is handled via paperwork. However, if there are financial disputes or contested child arrangements, you may need to attend hearings for those separate proceedings.
Can I remarry before the final order is granted?
No, you must wait until you receive the final order before you can legally remarry. Marrying before then would make the new marriage void. The final order is the official document confirming your marriage has legally ended.
What happens to my surname after divorce?
You can choose whether to keep your married name or revert to your maiden name (or change to something else entirely). If you want to change your name, you can do so by deed poll. Your final order certificate can be used as evidence of your former married name.
How much does the divorce process cost?
The court fee for a divorce application is £628. If you’re on a low income, you may qualify for help with fees. Additional costs can include solicitor fees for advice, mediation sessions (around £140 per person per session), and any financial settlement negotiations. Family Law Service offers transparent fixed-fee options so you know exactly what you’re paying.
Moving Forward with Confidence
What happens after you file for divorce doesn’t have to be a mystery. While the process involves multiple stages and some waiting, understanding each step helps you feel more in control.
Remember, getting divorced is about more than just ending your marriage legally. It’s about building a stable foundation for your future, whether that involves co-parenting arrangements, financial independence, or simply moving on emotionally.
At Family Law Service, we’re here to support you through each stage with practical, affordable services tailored to your situation.
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.