Are you ready to get divorced but don’t know the whereabouts of your spouse? Never fear! It is possible to apply for a divorce without knowing the location of your spouse.
Once you have filed an Application for Divorce in Court you are required to serve a copy of the sealed Divorce Application on your spouse. If you do not know the whereabouts of your spouse you can apply to the Court for substituted service or dispensation of service as long as you can show the Court that you have made attempts to contact your spouse.
- What attempts, efforts and enquiries you made to find the respondent.
- When you last saw, spoke to or communicated in any way with your spouse, and the circumstances of that sighting or communication.
- The last known address of your spouse.
- Who are the spouse’s nearest relatives and friends, what enquiries you made of these people about your spouse and any replies received.
- What employment, if any, your spouse had.
- What enquiries you made with your spouse’s last known employer and any replies received.
- Details of any property, bank accounts or businesses jointly owned.
- If your spouse lives overseas, details about the country they are living in, how long they have lived there and if they plan to travel or move back to Australia.
- Any reasons why the respondent may not be contactable.
- The costs of trying to locate the respondent and whether such costs are creating financial difficulties for you.
- Any other relevant information that may help the Court.