If your spouse refuses to respond to your divorce application, it doesn’t mean the divorce can’t go ahead. There are legal steps you can take to move forward — even without their cooperation.
When someone applies for divorce, they often expect the process to be fairly straightforward — especially with the introduction of no-fault divorce laws in England and Wales. However, if the other spouse ignores or refuses to engage with the paperwork, it can quickly become frustrating and confusing. The good news is that the law provides options to help you continue, even if your spouse chooses not to participate.
Do they have to agree for the divorce to happen?
No, they don’t. Since the introduction of no-fault divorce in April 2022, the applicant no longer needs to prove wrongdoing or gain their spouse’s consent. The law now recognises that sometimes, one person simply wants to end the marriage — and that’s enough.
This means your spouse doesn’t need to agree, sign anything, or actively take part in the process for it to move forward. What matters is that you follow the correct legal procedure to notify them and give them a chance to respond. If they ignore that opportunity, the court can still approve the divorce once the proper steps are taken.
What if they receive the papers but do nothing?
If you know that your spouse has received the divorce application — for example, by post, email, or through a court-approved process — and they fail to respond within the 14-day period, you can apply for what’s called deemed service.
Deemed service means that you ask the court to accept that the papers were served, even though your spouse didn’t return the acknowledgment form. You’ll usually need to provide some evidence — such as a signed delivery receipt, email confirmation, or a witness statement confirming they received and ignored the documents.
If the court is satisfied with the evidence, it will allow the divorce to move forward to the next stage, without needing your spouse’s formal acknowledgment. This prevents someone from unfairly stalling the divorce by simply refusing to engage.
What if I can’t locate my spouse?
This situation is more common than many people realise — especially in cases where couples have been separated for years or lost contact. If you genuinely don’t know where your spouse is, and have tried to find them with no success, you can apply for dispensed service.
Dispensed service is a special court request that asks the judge to let you proceed without serving papers at all. To be granted this, you must show that you’ve made reasonable efforts to locate your spouse. This might include:
- Checking previous addresses or contacting family members
- Searching social media or professional networks
- Reviewing public records or using a tracing agent
If the court agrees that you’ve taken all reasonable steps, it may allow you to move forward without notifying your spouse — effectively removing that requirement due to their unavailability.
Alternatively, if you have an address but they’re not responding, a bailiff service can be arranged to deliver the documents in person and confirm service.
How long will this delay the divorce?
Dealing with an unresponsive spouse will almost always add some time to the process. While a typical online divorce might take 6 to 9 months, cases involving deemed or dispensed service can extend by several weeks or more — depending on how quickly evidence can be gathered and approved by the court.
That said, these extra steps are well-established legal procedures. If handled promptly and correctly, they won’t derail your case. Having professional support to manage these steps can save you a lot of time, stress, and risk of rejection.
Can they stop the divorce by ignoring it?
No. Your spouse cannot stop a divorce simply by ignoring the paperwork. The current legal system recognises that both parties don’t need to agree — and that deliberate silence shouldn’t give someone the power to block the process.
If the court sees that proper notice has been given and your spouse chose not to respond, it will still allow the case to continue. The key is that you follow the correct process and provide evidence of your efforts. The court wants fairness, not consent.
What should I do if this happens?
First, don’t panic. Being ignored is stressful, but you have options. The worst thing to do is wait and hope they’ll eventually respond — this only causes delay. Instead, gather as much information as you can about how and when the papers were sent, and seek advice on the next legal step.
This is where professional help becomes vital. Applying for deemed or dispensed service involves legal documents, court applications, and sometimes witness statements. A mistake at this stage can delay your case further. With proper support, you can handle it swiftly and avoid unnecessary complications.
How Easy Separation UK can help
At Easy Separation UK, we help people every day who are going through this exact scenario. If your spouse is ignoring the divorce papers, won’t respond, or can’t be located, we’ll guide you through the next steps — legally and efficiently.
Our team prepares all necessary documents, applies for alternative service options, communicates with the court, and keeps your case on track. You’ll never be left wondering what’s happening or what comes next.
Whether you need a Sole Applicant Divorce or a Missing Spouse Divorce Package, we offer fixed-fee support with no hidden costs — and everything is managed 100% online.
Don’t let your divorce get stuck.
We’ll help you move forward, even if your ex refuses to.
