Understanding Divorce Delays: How Long Can One Party Drag Out the Process and What Actions Can Be Taken?

Divorce can be an emotionally taxing and complicated process. Each case has unique factors that impact how long the divorce proceedings last. For individuals navigating this challenging time, it is important to understand how long one party can potentially drag out a divorce and what steps can be taken if faced with such delays. This article aims to provide clarity on the timeline of divorce proceedings in England and Wales, focusing on potential delays and available remedies.

The Divorce Process: An Overview

In England and Wales, the divorce process begins with the petitioner filing a divorce application. Once the application is submitted, the court issues a conditional order, (formerly called a decree nisi) indicating that the court sees no reason why the divorce should not be granted. After a waiting period, the petitioner can apply for the final order, (formerly called the decree absolute) finalising the divorce.

The process can take anywhere from a few months to several years, depending on various factors. These include the complexity of the case, the number of issues to be resolved, and, notably, whether either party seeks to delay the process.

How Long Can a Divorce Be Delayed?

Divorce timelines vary significantly. Generally, straightforward divorces take approximately six to eight months to finalise from the application date to the final order. However, in contentious cases where one party seeks to delay proceedings, the process can drag on for much longer.

While there is no specific legal timeframe within which one party can delay a divorce, certain behaviours can cause significant delays:

1. Non-response: If one party fails to respond to court papers, this can stall proceedings. The petitioner must apply for a court order to proceed despite non-response, which can take additional time.

2. Disputes over Financial Settlements: If there are disagreements regarding the division of assets or financial matters, the process can become protracted. Courts encourage mediation to resolve financial issues, but if one party is unwilling to cooperate, delays can ensue.

3. Delaying Tactics: Some individuals may intentionally delay the process by being uncooperative or unresponsive, complicating communication and negotiations.

4. Refusing to Attend Court Hearings: If one party does not attend scheduled hearings, the court may need to reschedule, resulting in prolonged proceedings.

Ultimately, the length of time one party can drag out a divorce depends on their actions and willingness to engage with the legal process.

What Can You Do If Your Ex-Partner Is Delaying the Divorce?

If you find yourself in a situation where your ex-partner is slowing down divorce proceedings, several options are available to you:

1. Consult with us

Engaging with us as solicitors experienced in family law can provide guidance through the delays. They can help you understand your legal rights and formulate a strategy to expedite the process. We can assist in filing necessary applications, representing you in court, and ensuring that your interests are protected.

2. Document Delays

Keep meticulous records of any delays caused by the other party. Document missed deadlines, unanswered communications, and any court hearings that have been postponed. This evidence can be valuable if you decide to escalate the matter to the court.

3. File for Conditional Order

If your ex-partner fails to respond to divorce papers, you can apply for a conditional order by demonstrating that you still wish to proceed with the divorce. The court may grant this application, allowing the proceedings to continue despite the other party’s inaction.

4. Utilise Mediation

Mediation can provide a platform for both parties to resolve issues amicably. While the process typically involves cooperation, a skilled mediator can help facilitate discussions and negotiations, potentially breaking down barriers that are causing delays.

5. Seek Court Intervention

If all else fails, you may need to seek direct court intervention. You can apply for a court order to compel your ex-partner to participate in the divorce proceedings. Courts have the power to impose costs or sanctions on parties that unnecessarily delay proceedings. Engaging the court could prompt your ex-partner to act more quickly in resolving outstanding issues.

6. Consider Alternative Dispute Resolution (ADR)

Using alternative dispute resolution methods, such as arbitration, may help resolve disputes more quickly than traditional court proceedings. ADR provides a less formal and often quicker approach to reach outcomes regarding financial settlements and child arrangements.

7. Focus on Self-Care

Navigating a delayed divorce can be emotionally overwhelming. While it is essential to address the legal challenges, focusing on self-care is equally important. Engage in activities that provide comfort, seek support from friends and family, and consider professional counselling to cope with the stress associated with divorce.

Conclusion

Understanding the potential for delays in divorce proceedings and knowing how to address them is crucial for anyone going through a divorce in England and Wales. While there is no specific timeframe that one party can enforce to drag out a divorce, certain behaviours may prolong the process. Promptly addressing these behaviours through legal guidance, documentation, and court applications can help expedite the resolution.

Ultimately, the goal is to facilitate a fair and timely divorce process, ensuring that both parties can move forward with their lives. With the right approach, individuals can navigate the complexities of divorce and resolve outstanding issues efficiently, paving the way for a brighter future.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 11th November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here