When a marriage comes to an end, finalising a divorce is often a crucial step towards moving forward. But what if you don’t know where your ex is? This can be a challenging situation, but it doesn’t mean you’re stuck.
Here’s what you need to know if you want a divorce but cannot locate your ex.
I Want A Divorce But I Don’t Know Where My Ex Is
Can I Get A Divorce If I Don’t Know Where My Ex Is?
Yes, you can still apply for a divorce in Australia even if you don’t know your ex’s current whereabouts. The Family Court recognises that it may not always be possible to locate a spouse, especially after a long separation. However, you will need to demonstrate that you have made genuine efforts to locate them before the court will consider your application.
If you’re unable to find them after making reasonable attempts, the court may permit you to apply for a divorce without the usual requirement of formally serving the documents to your ex.
Can One Party Apply For A Divorce In Australia?
Yes, one person can apply for a divorce in Australia. You don’t need your ex-partner’s consent to proceed, as Australia has a “no-fault” divorce system.
This means the only legal requirement for getting a divorce is that the marriage has irretrievably broken down and you have been separated for at least 12 months.
If you don’t know where your ex is, you’ll need to show evidence of your efforts to locate them in order to proceed without their involvement.
How Do I Serve Divorce Papers If I Don’t Know Where My Ex Is?
Typically, once a divorce application is filed, it’s necessary to serve the documents to your ex-partner.
This process confirms they’re aware of the application and allows them to respond if they wish. If you don’t know where your ex is, this can be complicated, but you do have some options.
You’ll need to demonstrate to the court that you’ve tried to serve the papers and attempted to find your ex. If these attempts are unsuccessful, there are two primary legal routes you can pursue: substituted service or dispensation of service.
How Can I Try To Trace My Ex?
Before the court will consider alternate service options, it will expect that you’ve made reasonable efforts to find your ex.
Here are some steps you can take to trace them:
– Reach out to mutual friends or family members who may know your ex’s location.
– Search social media and online networks where they might have a profile or recent activity.
– Check with relevant agencies or past workplaces to see if they have updated contact details.
– Hire a private investigator if the situation warrants professional assistance.
Document all your attempts to find your ex, as the court will usually require this supporting information to prove your efforts were genuine.
What Is A Substituted Service?
If the court is satisfied that you have made reasonable efforts to locate your ex, it may allow you to serve the divorce papers via a substituted service.
Substituted service allows you to send the papers to someone who may be in contact with your ex, such as a relative, friend, or employer. Alternatively, it might involve leaving the documents at an address known to be their address, or even posting the notice on a social media account that your ex is known to use. The goal is to reach your ex in a way that’s reasonably likely to inform them of the divorce application.
What Is A Dispensation Of Service?
If all attempts to locate or serve your ex have been unsuccessful, you may apply to the court for a “dispensation of service.” This means the court waives the requirement to serve the divorce papers entirely.
Dispensation is generally a last resort, and the court will require detailed evidence of your attempts to locate your ex before granting this request.
Dispensation of service recognises that in some cases, it may not be feasible to ensure the other party is served, particularly if their whereabouts remain unknown after significant efforts to locate them.
You will need to provide a supporting affidavit with evidence that you have attempted to contact the other party by all means available, and it has proved not to be possible to locate them for serving your divorce application. You can see a full list of what to include in your affidavit on the Family Court WA website here.
Can A Family Lawyer Help Me?
Absolutely. The process of applying for a divorce without knowing your ex’s location can be complex, and meeting the court’s requirements can be challenging without expert help.
A family lawyer can guide you through each step, from tracking your ex to applying for substituted service or dispensation of service if needed.
Legal support can be crucial in ensuring your divorce application is processed smoothly, saving you time, stress, and additional complications.
At Hickman Family Lawyers, we understand how difficult it can be to navigate the divorce process when you don’t have all the information you need. if you’re thinking ‘I want a divorce but I don’t know where my ex is‘, it’s time to get in touch with us.
Book a free 15-minute information call with one of our experienced divorce lawyers in Perth, and let us help you take the next step towards finalising your divorce.
