Divorce can be stressful, and delays make it even harder. Sometimes one spouse refuses to cooperate, or the person who starts the divorce doesn’t move it forward. Here’s what happens in both situations, and how we can help.
What to do if your spouse won’t progress the divorce
After you file a divorce application, your spouse (the respondent) is invited to respond. If they ignore the process or actively delay, the law allows you to continue:
- No response to the application: The court can proceed without them, often called an “uncontested” divorce or divorce without consent.
- Delaying other steps: The court can set deadlines and enforce them to keep the process moving.
With our experience, we help clients navigate these situations efficiently, so the divorce continues even if the other party is uncooperative.
What if the applicant doesn’t progress the divorce?
It’s also possible that the person who starts the divorce (the applicant) does not complete the next stage, called the conditional order:
- The divorce will not progress automatically. Filing the application is just the first step, you must apply for the conditional order to move closer to the final order.
- If no action is taken, the divorce simply stalls, leaving both parties legally married.
- There are usually time limits to apply for the conditional order (currently 12 months from the application in England and Wales). If this period is missed, you may need to restart the process.
Our team has the expertise to guide you through each stage of the process and ensure deadlines are met, helping you reach a final divorce without unnecessary delays.
We can help get your divorce moving
Whether your spouse won’t cooperate or you have stalled, the key is taking the right steps. You don’t need your spouse’s agreement to complete the divorce, but if the applicant doesn’t progress, the divorce won’t happen automatically. With our support and expertise, you can move your divorce forward smoothly and confidently.
Contact one of our divorce solicitors in Bath, Bristol or Bradford on Avon today either through our contact form, or by emailing info@sharpfamilylaw.com.