What happens if the Respondent wishes to defend the divorce?
If the Respondent wishes to defend the divorce, then they must file a defence (known as an ‘Answer’) within 29 days of receipt of the divorce papers (longer time limits apply where the Respondent lives outside England and Wales). The Petition then becomes defended and it is necessary to apply for the Court to list a hearing for directions, and thereafter a fully contested hearing. However it often still proves possible to reach a compromise, even when an Answer has been lodged and defended divorce proceedings rarely result in a fully contested hearing. It will, however, inevitably take longer to finalise the divorce and the costs will increase. If a Respondent wishes to defend the divorce, either by contesting the fact relied on or by ignoring documentation, then at the very worst this might mean that you have to wait until you are separated for five years, when you can get divorced without their consent (subject to financial arrangements).
