I want to get Divorced but I can't find my ex

In Australia, to obtain a divorce, you must have been separated from your former spouse for a period of one year. During this separation period, many circumstances can change. It is not uncommon for couples, especially those without children together, to lose contact with each other. Therefore, when you're ready to proceed with divorce, you may find yourself without current contact information of your former spouse.

Can I still apply for divorce without my former partner?

Yes, you can still proceed with a Sole Application for Divorce even if only one party to the marriage signs it before submitting it to the Courts.

After filing a divorce application it's necessary to serve the other party with a copy of the application. This ensures they are informed about the divorce proceedings. Service can be done by delivering the papers in person or sending them by mail. Generally, the Court will only grant a divorce once property service has been confirmed.

If you have made efforts but cannot locate your former spouse, and you've exhausted all reasonable steps to find them, you can apply to the Court for:

• An order for substituted service; or
• An order to dispense with service.

This application is known as an 'Application in a Proceeding' and requires filing an Affidavit. An Affidavit is a written statement sworn or affirmed before a qualified witness, such as a Justice of the Peace or a lawyer. The person providing the evidence in the Affidavit is referred to as the 'deponent'.

What is substituted service?

Usually, the Federal Circuit and Family Court of Australia approves requests to substitute personal service (hand-delivering legal documents) with methods like mailing to the last known physical address or email address, or through a third party such as a family member. There are also instances where the Court may approve service through social media.

What is dispensation of service?

Dispensation of service means you do not need to serve court documents on your spouse if the Court is satisfied that you have made all reasonable attempts to find your ex.

If you're unable to locate your former spouse and require legal assistance for substituted or dispensation of service, Greigs Legal is here to help. Our divorce lawyers are ready to address your family law concerns. Reach out to us today at (02) 4647 2968 or fill out our online enquiry form to begin.