Today on the Divorce Collective podcast, we extend on from last week's podcast about whether you needed to attend court or not while in the divorce process. 

This week, Caralee answers the question, “Can I still apply for a divorce if I cannot locate my ex-partner?” If this is the case, it does make it a little more difficult; however, fear not! There are ways around this.

It is possible to apply for a divorce without knowing the location of your ex-partner. Once you have filed your sole application for divorce, you are required to serve a sealed copy (hard copy) of the divorce to your ex-partner in person. A process server often does this (we have an entire episode on what a process server is here.) 

If you cannot locate your ex-partner, you can make an application to the court for what is called substituted service or a dispensation of service, as long as you can show the court you have made many attempts to contact your ex-partner. 

If you are successful in your application for substituted service, you will be able to introduce a third party that will bring the attention to your ex-spouse as to the divorce. In minimal cases, the court will grant dispensation of service if you have taken all steps to serve, document, or bring it to the notice of your ex-partner.

Listen to the podcast to find out how you can apply or book your free consultation with us to find out more! 

We serve all clients all over Australia and can arrange for a Zoom or in-person consultation! 

Call us to book on 5574 0971 or visit our website at www.collectivefamilylaw.com.au