Sole Divorce Applications

Sole Divorce Application Process

In addition to the usual rules and conditions for divorce, which can be found on our Divorce page, this page discusses the specific requirements of a sole divorce application. Depending on the circumstances, a sole divorce can often take longer than a joint divorce.

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You can apply for a joint divorce application if your spouse agrees. If there is no agreement or you cannot find your spouse, you can apply for a sole application for divorce. Practical differences in the divorce process depend on whether you file a joint or sole application for divorce. The primary difference with a sole divorce application is that the application must be filed with the court first, and then a copy must be served to your spouse if you know their address. Once served, it will be up to your spouse if they wish to file a response to your divorce application.

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When Should You Complete a Sole Divorce Application?

It is best to complete a sole divorce application if:

1. Your spouse does not agree to a divorce.

2. You have lost track of your spouse's whereabouts.

3. Your spouse opposes the divorce.

4. You do not wish to have any interaction with your spouse.

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Keep in mind that if you prefer to avoid interacting with your spouse, our divorce lawyers can contact them on your behalf to complete a joint divorce application.

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Do I have to Notify My Spouse of My Address?

Whether you are completing a sole or joint divorce, you do not have to notify your spouse of your address if you have reason to keep this information private. The primary reason not to provide a spouse with an address is safety issues.

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Requirements of a Sole Divorce

Unlike a joint divorce application, a sole divorce application has special rules. Your spouse must be given a court-stamped copy of the sole divorce application in person, or you must post it to them. This process is called service and is usually performed by a process server. If we carry out your divorce application for you, we have excellent process servers to carry out service across Australia.

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Once the sole divorce application has been served on your spouse, he/she can notify the court with a form included with the sole divorce application, to confirm that he/she received the documents. If your spouse does not respond, a sworn or affirmed statement, called an affidavit of service, from the process server must be filed with the court so the Court knows your spouse has received the divorce application. Without confirmation that your spouse has received the sole divorce application, delays will occur as the court must be satisfied that your spouse has received a copy of the divorce, which is called procedural fairness.

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What if I cannot Locate My Spouse

If you cannot locate your spouse or if your spouse refuses to tell you where they are, we will need to show the court that you have undertaken reasonable steps to find them. If, after having taken reasonable steps to locate your spouse or it is not appropriate to locate them, we can ask the court to allow service on your spouse by a special method, such as email, or not to require that the divorce application be served on your spouse. Special rules apply to this process.

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Contact our divorce lawyers for legal advice today to get your divorce started.