The Divorce Process
Filing for Divorce: A Step-By-Step Guide
Here are the steps to applying for a divorce online:
- Register on the Commonwealth Courts Portal;
- Select ‘application for divorce’ and press continue;
- Complete sections A to F of the application form;
- Lock the application and upload any supporting documents, such as your marriage certificate;
- Print the application and sign the Affidavit for eFiling Application (Divorce);
- For sole applications, only the applicant must sign in front of a Justice of the Peace;
- Both parties must sign for joint applications before a Justice of the Peace.
- Upload the Affidavit for eFiling Application (Divorce);
- Download the Marriage, Families and Separation brochure;
- Submit the application and pay the filing fee. The current fee is $1060, or $350 with a reduced fee.
- Select a divorce hearing date. All divorce applications must be listed in court.
Sole Application vs Joint Application
You can apply for a divorce as a sole or joint applicant. If you are applying without your spouse’s involvement, there are additional steps you must take. After you have applied, you must serve the divorce papers on your former partner.
Serving Divorce Papers: Procedures and Protocols
There are several documents you must serve on your spouse:
- Sealed copy of the divorce application;
- a sealed copy of your Affidavit for eFiling Application (Divorce);
- Acknowledgment of service (Divorce);
- Letter directing your ex-partner to sign the Acknowledgment of service (Divorce) and return it to you;
- a copy of the Marriage, families and separation brochure.
Service Methods
Service by hand: The divorce papers can be served by a professional process server or anyone over 18, such as a friend or family member. You cannot serve the papers yourself. The server must complete the Affidavit of Service by hand and sign it before a Justice of the Peace. If the server doesn’t know the respondent, they must complete an Affidavit proving signature.
Service by post: Service by post should only be used if you’re confident your spouse will return the signed Acknowledgment of Service (Divorce). Once you’ve received the signed Acknowledgment of service, you must complete the Affidavit of Service – by post. You must sign the Affidavit before a Justice of the Peace.
Serving your spouse’s lawyer: You may serve your spouse’s lawyer if they accept service. Once they have completed the Acknowledgment of service correctly, no other service document is necessary.
