UK The starting point: the court must be satisfied about service
An application for divorce has to be served on the other party, so that they have a chance to respond. Where the court serves the papers, it sends them and the respondent is asked to acknowledge service. Where the documents are served by a solicitor, or the respondent is overseas, there is a deadline to serve — 28 working days from submission to the court — and you can apply for more time if you need it.
A missing acknowledgement is not the end of the matter, but it does mean the court needs to be satisfied that the papers reached the other person, or that the other person genuinely cannot be found. There are specific applications for each of those situations, and using the right one is most of the battle.
If they are ignoring the papers: deemed service
Where the evidence shows that the respondent actually received the application — a reply, a message referring to it, a solicitor's acknowledgement, a signed-for delivery — you can apply for the court to treat the papers as served. This is called deemed service.
GOV.UK's MyHMCTS guidance says you can apply once 14 working days have passed without a reply. The application is made on Form D11, and the evidence is the whole application: a process server's report, signed-for postal records, or correspondence showing the respondent knew about the proceedings.
If you know roughly where they are: alternative service
Where post will not work but you know how to reach the respondent — an email address, a mobile number, a social media account, or contact through a relative — the court can authorise a different method of service. Again the application is on Form D11.
Two points from the GOV.UK guidance are worth noting. The court itself will not serve by text or social media; if the court approves that method, you or a process server carry it out under the order. And you generally have to show that the method is one the respondent actually uses, or explain why you cannot show that and when they last used it.
If they genuinely cannot be found: dispensing with service
Where all attempts to find and serve the respondent have failed, you can ask the court to dispense with service altogether, so the case can move on without the papers being delivered. This is applied for on Form D13B, and it must be supported by evidence of what you have done to trace the respondent.
It is the last resort and the hardest application to win. The judge will want to see the detail: last known addresses, enquiries with relatives and any employer, public records, and often a report from a tracing agent or a process server who tried to deliver. Vague answers, or leaving out what you did and when, are the usual reasons these applications are refused.
There is a court fee for these applications, and GOV.UK is the place to check the current amount — do not rely on a figure quoted in an article, including this one, because fees change.
What you cannot do without them
Completing the divorce is one thing; sorting out the money and the children is another, and those are separate proceedings. A final order can be made without the respondent engaging, but dealing with financial claims against someone who cannot be found is harder and needs advice. Do not assume the divorce disposes of the finances: it does not, and the claims survive it. See our guide to consent orders and clean breaks.
Two practical steps are worth taking regardless of where the divorce has got to: make a will that reflects your current wishes, and check the nominations on any pension or life policy, because both are governed by documents a court order does not automatically update.
Where to get the forms and the current procedure
The forms and the procedure are published on GOV.UK, alongside the MyHMCTS guidance on follow-up applications. Scotland and Northern Ireland have their own procedures, their own forms and their own courts; do not assume the England and Wales forms apply because they look similar.
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