Written by: Taylor Wilson
At face value, filing for a divorce on the Commonwealth Courts Portal is a straightforward process. But this streamlined approach can quickly ripple into waves when your ex refuses to sign the divorce papers.
Even though this may prolong the process, there are steps you can take to reach a successful end to your marriage.
In this article, we’ll look at a few situations where a partner refuses to sign divorce paperwork and how to deal with these unique cases.
Situation 1: Your Ex Refuses to Sign Divorce Papers
What to do next: Convert to a sole application.
Although your ex-partner may assume their signature is required for the divorce to proceed, the Court handles this situation differently.
You can complete a Sole Divorce Application and arrange service on your ex. The Court needs to be satisfied that your ex received the paperwork.
To prove they did receive the paperwork, you will need to submit an Affidavit to the Court. You cannot personally serve your spouse. A friend, family member, or professional process server can do this on your behalf.
Situation 2: Your Ex-spouse Has Filed a Response to Divorce (and Disagrees)
What to do next: If a response is filed, both parties must attend the hearing. However, there are limited circumstances where the divorce can truly be opposed. Your ex saying they don’t want the divorce will not be sufficient.
If their filed response opposes the application by disputing the length of the separation of challenging the court’s jurisdiction to grant the divorce, you should seek legal advice.
Situation 3: Your Spouse is Unreachable
What to do next: Apply to the Court for a special order.
If you can’t locate your spouse before filing for a divorce
In the divorce application, you will be asked for your ex-partner’s address. This is required for service. If you have tried to locate them but still cannot find an address, you may write their address as ‘unknown’.
If you can’t locate your spouse after filing for a divorce
If you have no way of serving divorce paperwork, you will need to apply for either a substituted service order or dispensation of service.
Substituted Service: If your ex can’t be served personally, for example if they are overseas, the court can give you permission to serve your spouse another way, like via Facebook Messenger of WhatsApp.
Dispensation of Service: In very rare and exceptional circumstances, the Court will waive the requirement of service.
Final Tip: Ask a Lawyer to Look Over Your Divorce Paperwork
If you haven’t already submitted your divorce application, it’s always a good idea to ask a qualified family lawyer to review your paperwork.
The divorce process requires specific documentation and adherence to legal requirements. Even a small mistake or omission could delay or complicate your application.
For example, some individuals may file for divorce without meeting the following criteria:
- Separation for at least 12 months and 1 day. You must have been living separately for a minimum of 12 months and 1 day. If you’re still living under the same roof but are separated, you’ll need to provide evidence that your relationship has broken down irretrievably and you have not been living as a married couple since the date of separation.
- No reasonable likelihood of reconciliation. You must prove that there is no reasonable possibility of the marriage being repaired. This is typically established through the separation period.
- Australian residency. Either you or your spouse must have lived in Australia for at least 12 months.
Ensuring that you meet all these requirements and submit the correct paperwork is crucial for a smooth divorce process. Consulting
with a lawyer can provide peace of mind, knowing that everything has been handled properly, and help you avoid unnecessary delays. If you wish to apply for divorce but are worried that your circumstances may be too complex, contact our team today!
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Family Law Team
