Divorce Lawyers

1. Joint Application
   
   

   Joint applications are where the parties apply for a divorce together, often with the assistance of divorce lawyers. The applicant must register with the Commonwealth Court Portal to apply online.

   After filling out the divorce application form, print out the Affidavit for Efiling. Both parties must sign the affidavit in the presence of a Justice of the Peace (JP). JPs can be found at the Caloundra library at specific times.

   Upload the signed affidavit and submit the application along with all relevant documentation. A divorce lawyer can assist in ensuring all documents are correctly prepared and submitted.

   A filing fee is payable on submission. You may be eligible for a fee reduction if you qualify under financial hardship rules.

   The divorce order will be enacted one month and one day after submission.

2. Sole Application
   
   

   If you make a sole application, you must serve the divorce documents on your former partner. The documents you must serve are the following:

   • Application for Divorce: This is the primary document that outlines the request for the dissolution of the marriage. A Notice of Application For Divorce must be attached to the front.
   • Affidavit of eFiling: Only the applicant must sign this affidavit if filing a sole application.
   • Marriage, Families, and Separation Brochure: This brochure provides information about the family law system in Australia, including services provided by the Family Court and Federal Circuit Court.
   • Acknowledgment of Service (Divorce): This form is used by the respondent (the spouse being served) to acknowledge that they have received the divorce application.

   Once the respondent signs the Acknowledgment of Service, the server must complete an Affidavit of service by hand. This document provides evidence that the divorce application and other documents were personally served to the respondent. Consulting with divorce lawyers can be crucial in such situations to ensure legal compliance.

   An authorised third party must serve the documents. You must not serve the papers yourself. A server must be over 18 and may be a family member or friend. You may also use a professional process service available in the Caloundra area.

   If you cannot locate your spouse, you may be able to apply for substituted service or dispensation of service. In these complex scenarios, the guidance of a divorce lawyer can be invaluable in navigating the legal requirements and options available.

3. Substituted Service
   
   

   The applicant may face challenges such as the respondent being difficult to locate or evading service. In these cases, they can apply to the Court for an order for substituted service. This order allows the applicant to serve the documents in an alternative manner, which might include:

   • Email: Sending the documents to the respondent’s known email address.
   • Post: Mailing the documents to the respondent’s last known address or place of employment.
   • Another Person: Delivering the documents to someone in regular contact with the respondent, like a family member or close friend.
   • Publication:The Court might allow service by publication in a local Caloundra newspaper that the respondent is likely to read.

   The primary goal of substituted service is to ensure that the respondent is made aware of the divorce proceedings, even if traditional service is infeasible.

   The Court will typically grant an order for substituted service only after the applicant has made genuine attempts at standard service. The applicant must demonstrate that the alternative method will likely bring the proceedings to the respondent’s attention.

4. Dispensation Of Service
   

   The Court may waive the requirement to serve the respondent under certain circumstances. If the applicant has made all reasonable attempts to serve their spouse, the Court may grant that they can proceed with a divorce application without taking further action.

   In such cases, it’s advisable to consult with divorce lawyers who can provide expert guidance on how to navigate this exception.

While you need to have been separated from your partner for at least 12 months before making an application for divorce, you can still be living under the same roof for financial reasons. You may regard your marriage as over but continue to live in the same residence.

An application for divorce can be made by you or your spouse, or it can be made jointly. If you are making the application on your own, you will need to satisfy the Court that your spouse has been properly served and is on notice of the application.

If you have children under the age of 18 years, you will be required to attend Court for the hearing of the application. The Court will need to be satisfied that proper arrangements have been put in place for the children. See our page on Parenting agreements and orders.