What Happens If My Ex Won’t Sign the Divorce Papers?
Divorce can be a very difficult time in both parties’ lives. But here you can find a better solution for Online Divorce Application. Sometimes after the breakdown of a marriage, one party has difficulty in accepting this fact and may refuse to sign divorce papers.
Other situations might involve a controlling ex-partner or parties who believe they will get back together. For whatever reason, if the other party is refusing to sign divorce papers, you have options.
Under the Family Law Act 1975, marriage has irretrievably broken down when the Court is satisfied that a couple has lived separately and apart for at least 12 months, and, the marriage has broken down to such an extent that it is unlikely that they would get back together.
Importantly, the Court will not Grant a Divorce under Section 48(3) of the Family Law Act if there is a likelihood that the parties will resume cohabitation in the near future. Further, if a separated couple attempts to reconcile their marriage and fails for a period of three months, the 12-month requirement will commence from the time following the 3 months.
Separate Under One Roof
It is not uncommon for a married couple to separate but continue living under one roof. To satisfy the court of the abovementioned requirements, the couple will need to provide witness evidence or other such proof that they no longer share the same bed, do household chores together or socialize with one another.
Online Divorce Application Form
An application for Divorce form can be obtained from either the Family or Federal Magistrates Court. This application can then be filed once the parties have been separated for more than 12 months. Either party may file the application, and, do so regardless of the wishes of the other party.
Importantly, if the totality of the marriage lasted less than 2 years, the parties are required to attend to a counselor to attempt reconciliation before an application for divorce can be filed with the Court.
If Already Fixed Your Mind For Separation, Fill This Online Divorce Application Form
Service of Online divorce application on Other Party
Once an Online divorce application is filed with the Court, the applicant (being the party who filed the application) must deliver to the other party a notification that the marriage has ceased.
This may be undertaken by any person over the age of 18 years, or a professional process server who is allowed to serve the other party. This process does not have to be undertaken by you personally.
The application must be served to the other person directly. Importantly, if the other party refuses to accept the document, or does not wish to acknowledge the divorce, the server may place the document down in their presence and state:
The Husband or Wife is seeking a divorce;
These are the papers for divorce; and
The appropriate court will hear the Online divorce application on a date to be established.
Once proof of service has been established, the server must complete a sworn affidavit stating the time, date, and place of service in front of either a Justice of the Peace or a solicitor. If the other party does not refuse service, they may sign an acknowledgment that they have been served.
Divorce Application Hearings
If the application for divorce is made on behalf of both parties, and there are no children under the age of 18 who are involved in the matter, there is no requirement for the parties to attend court proceedings for the divorce. If you do choose to attend, a quick hearing is held by the Court which dissolves the marriage.
As the dissolution of a marriage is typically the entrance point of many other family law issues such as division of property and assets, parenting arrangements, and consent orders, please seek legal advice on your situation and how to proceed.
If you require legal advice, please contact one of our accredited Family Law Specialists on 1800 662 535 or email us at reception@jamesnoblelaw.com.au
Article Source: Online Divorce Application
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