Welcome back to another episode of the Divorce Collective Podcast!

Today Caralee Fontenele discusses whether or not you can file for divorce if the other party does not want to sign the divorce papers or refuses to participate in finalising the divorce.

If your ex refuses to sign the divorce application, you are not alone! It happens often. There can be many reasons why the other party doesn’t want to sign it, but whatever the reason is, it doesn’t matter because you can make a sole application.

There are two ways that you can file for Divorce.

  • File a joint application;
  • File a sole application.

Therefore, you do not need to have your spouse agree to the divorce application – instead, you can sign a sole application to get divorced. So, don’t panic; you aren’t stuck being legally married to your ex-partner!

What happens in a sole application is that the party who wants to get divorced will fill out the application for the divorce. You will then tick the box that says sole application rather than joint application.

Please note, if you are the one making the application, you will be the one that is required to pay for the filing fee, which at the time of this article is $940.00, or if you have a concession card, they are $310.00. These prices are as of July 2021 – They do update these fees often. To see if they have updated, you can go to www.fcfcoa.gov.au to find out.

Once the application is filed online, you are obliged to serve it upon them physically through a process server or another person other than yourself.

What does that mean?

Once your application is filed, you will have a court date that your divorce hearing will be heard by the court. Currently, the wait it is 3-4 month between filing and your appearance in court. Once you have filed, you will need to serve your application to the other party at least 28 days before the hearing. This service must be delivered by hand to the other party by someone other than yourself. For example, a friend, a relative, or a process server. The earlier you serve – the better!

You can hire a lawyer to file your divorce, but you can do it yourself. If you are unsure and would like an obligation-free initial consultation, click here or call us on 5574 0971.

Until next time, you have got this!

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