Can I file for my divorce without the written consent of my wife?

Can I file for my divorce without the written consent of my wife?

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Aussie Legal Forums › Forums › Family Law Forum › Can I file for my divorce without the written consent of my wife?

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  • Vando
    Vando May 26, 2025 at 12:16 am

    I am estranged from my wife and I want to move on. I want to file for divorce. We are not in contact. Can I do this on my own? I do not know where she is living now. Does this make it more difficult? Thanks.

    MayF
    MayF May 27, 2025 at 12:44 am

    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

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