Divorce applications- what happens?

If you have been separated and you want to know about the process of getting a divorce, we are here to help.

You can apply for a divorce once you have been separated from your spouse for 12 months, including if you have been separated under one roof.

There are several stages to the process and we explain each step below.

Step #1 : the Application

An application for divorce is filed online through the Court’s online portal.

Once you have an account, you start the application form. If you are filing the application alone it is referred to as a “sole” application. If your spouse will cooperate and also sign the application, it’s called a “joint’ application.

When your information is filled out and the application is completed, you print and sign the documents (particularly the Affidavit of eFiling) in front of a solicitor or Justice of the Peace.

The signed version is uploaded to the Court file and you can proceed with the filing process.

Step #2: serving the application

Once the application is filed, you can obtain the documents now “sealed” by the Court (the court seal is affixed to the documents).

If you and your spouse have both signed the Application form, then you don’t need to serve the sealed documents on the other party.

If you have filed a sole application, you will need to serve the sealed documents on the other person. This means they need to be handed the documents personally, then evidence is filed that you have served the other person.

Step #3: the hearing

The application will be given a hearing date. This will take place by telephone. You may or may not need to attend the hearing.

The Court will consider whether;

1) There was a valid marriage between the parties; and

2) There has been 12 months separation; and

3) For any children under 18 years of age, there are arrangements for their care.

If so, the Court may grant your divorce.

Step #4: the Order

After 1 months and 1 day following your divorce hearing, the Court will likely issue the final Divorce Order, though it can take some time for the Order to appear in the Court file.

The Order will be available electronically only, it can be downloaded from the Court file through your portal account.

Need Help ?

If you have any questions or issues, or just want someone to take care of this process for you, contact us today.