Defended divorce is really beyond the scope of this BLOG and is one of those occasions when you would probably need to instruct a solicitor. However, defended divorces are extremely rare and defending a divorce petition is usually no more than a delaying tactic by the respondent, in the hope that the petitioner will reconsider and perhaps agree a reconciliation. Be aware that it is extremely unlikely that you will be able to successfully defend a divorce, defending will substantially add to the costs and you run the risk of being ordered to pay the petitioner’s costs, in addition to your own.
Cross petitions are rather more common. What the respondent is saying here is that the breakdown of the marriage was not their fault, but the fault of the petitioner. For example, in a cross petition the respondent may deny that they have behaved unreasonably and allege that the marriage broke down as a result of the petitioner’s unreasonable behaviour. My advice here is to try to come to an agreement as to who divorces who, rather than go to the expense of asking the court to decide the matter. You can then ask the court to allow the divorce to proceed either on the original petition or on the cross petition. Hopefully, such matters will have been agreed before the divorce proceedings were issued (see above).
If you do wish to defend the divorce then, in addition to filing your acknowledgement of service, you will have to file an answer to the petition, usually within 28 days of receiving the petition. The answer will usually contain your detailed responses to the allegations made against you in the petition, but may contain a simple denial of allegations. An example of a simple denial of
allegations answer and cross petition can be found in Appendix 1. You will need to file the answer or answer and cross petition with the court, together with a copy for the petitioner and the court fee of £200.
Once the divorce is defended, the procedure thereafter is completely different from the procedure in an undefended divorce, unless it subsequently becomes undefended. One of the parties will have to apply to the court for a hearing to be fixed, at which the court will give directions as to how the matter is to proceed and fix a date for the final, contested hearing, when the court will decide whether to grant the divorce (likely), to whom, and who should pay the costs, which will be substantial. Such hearings are, however, extremely unusual nowadays, as the vast majority of divorces are undefended.