Aussie Legal Forums › Forums › Family Law Forum › Can I file for my divorce without the written consent of my wife? › Reply To: Can I file for my divorce without the written consent of my wife?
MayF
Hi Vando,
You can file for divorce on your own through what’s called a sole application, provided you have been separated for at least 12 months. You do not need the other party’s consent to proceed.
If you know where the other party is currently living, you are required to serve them the divorce papers. However, if you do not know their whereabouts, you must make reasonable efforts to locate them. If those efforts are unsuccessful, you can apply to the Court for either substituted service (e.g., serving someone else or via email/social media) or dispensation of service. In both cases, you’ll need to provide evidence of your attempts to find the other party.
Kind regards,
AussieLegal Moderator