Jump to content

Help needed re divorce


  • Please log in to reply
6 replies to this topic

#1 fruitbat72

Posted 15 February 2013 - 04:00 PM

A friend of mine got engaged to her long term partner last night  biggrin.gif . The issue is that she is still married to her first husband.

Her ex was extremely violent and the court orders state that no contact is to take place. She has no idea where he is (and doesn't really want to know) but obviously she needs to serve him with the divorce papers. Even if he is found, there is no guarantee that he will consent.

Is it at all possible to get a divorce without the consent of one party? As far as I know, they have been separated for 6 years and she has not seen him since.



#2 Brutta Borgia

Posted 15 February 2013 - 04:07 PM

yes you can....both parties do not need to "consent" to a divorce. She may need to show she has made efforts to find him to serve him the papers (not her personally, but process servers) - but failing that I assume there is a process for when one party cannot be found.

Long time since I have done family law - but the process used to be you would be granted your decree nisi first...setting the thing in motion, then a year later the decree absolut would be granted and you are divorced.....hopefully somone will come on here with more updated knowledge, but she certainly doesnt need his consent to the divorce.

#3 TwiceThe Woman

Posted 15 February 2013 - 04:07 PM

I believe that consent is no longer required - just proof (in the form of affidavits from friends and family) that you have no longer been living as a married couple for one year or more.
I think he does need to be served with the divorce papers though ????
The legals here will set us straight on this.

#4 opethmum

Posted 15 February 2013 - 04:15 PM

I would go to a family law expert and get them the appropriate advice for their situation. EB is not really a place to garner any official advice.
I am sure that they would be able to help your friend much better than we can.

#5 Liadan

Posted 15 February 2013 - 04:21 PM

QUOTE (opethmum @ 15/02/2013, 05:15 PM) <{POST_SNAPBACK}>
I would go to a family law expert and get them the appropriate advice for their situation. EB is not really a place to garner any official advice.
I am sure that they would be able to help your friend much better than we can.


I agree with this.

Good luck to your friend (and congratulations to her too), it shouldn't be too difficult for her to get her divorce.

#6 HGL

Posted 15 February 2013 - 05:00 PM

This is a few years ago but a friend needed had been separated from her husband for 10 years and no longer knew where he lived. She had to arrange a private investigator to locate him. It didn't cost a lot as they often just use the electoral roll and now with the internet I imagine it would be even easier.

#7 hiddensecrets

Posted 15 February 2013 - 05:40 PM

From the family law court website:

QUOTE
I can’t find my spouse to serve a divorce application, what do I do?
If you have made a sole application, you need to serve the divorce application on your spouse. If you have taken all reasonable steps to serve your divorce application on your spouse and you are unable to do so, you can apply to the Court for:
substituted service, or
dispensation of service.
More information can be found in the publication Are you having trouble serving your divorce application? under the Publications section of this website.





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users

 

Chrissy Teigen's pride about daughter's adorable first word

Chrissy Teigen and John Legend have celebrated their 11-month-old baby Luna's first word with an adorable Instagram post.

The photo that sums up how dads REALLY feel during labour

A new mum shared a hilarious photo of her partner during labour that lots of dads will relate to.

You can never hold your baby too much, says study

From the world of super obvious science comes the news that you can never hold your baby too much.

Babies called Romeo and Juliet born hours apart in the same hospital

Two mums gave birth in adjoining hospital rooms a few hours apart. They had never met, and had each chosen their baby's name earlier in the pregnancy.

Mum organises 'nurse-in' protest at IKEA

It's hard to believe than in 2017 mums are still receiving flak for breastfeeding in public, but that's what one US mum claims happened in IKEA.

Will 'How Not to Hate Your Husband After Kids' be a best-seller?

Author Jancee Dunn hopes her new book will help mums deal with the stresses that parenthood can place on an otherwise happy relationship.

The dad who was taunted for taking paternity leave

They imagined that while I was away, I would be glued to the couch, beer in hand. In no way would I actually be helping my wife.

Photographer surprises couple with rainbow baby shoot

The prettiest and most unexpected maternity shoot for a much-wanted rainbow baby.

Mum's funny solution for finding 'me time' with a toddler in tow

If you've ever been in possession of a toddler, you'll know that it's next to impossible to get anything done.

Qualities my three-year-old has that I admire

My three-year-old daughter is one of the strongest little women that I know. As I watch her grow into this amazing person, I can't help but feel accomplished and proud.

'You need to be present': John Legend on supporting a partner with PND

Singer John Legend has opened up about supporting wife Chrissy Teigen through postnatal depression.

The seven types of 'parent sleep'

The question, "Did you sleep well last night?" should be easy to answer. Either a yes (if you're lucky), or a no.

'Anxiety hit me like a ton of bricks'

Tammin Sursok has written an essay sharing her personal experience with postnatal anxiety.

11 things to do to protect your mental health while breastfeeding

Whether breastfeeding is going well or you are finding it harder than you expected, taking care of you needs to be a priority.

Couple announces they're both expecting - three weeks apart

Being pregnant at the same time as your best friend means double the excitement.

Why Dax Shepard was 'impressed' when his daughter swore for the first time

Actor and comedian, Dax Shepard has given a hilarious recap of the lengths he'll go to get, and keep, his kids asleep.

Video captures beautiful breech caesarean birth

A new life is brought gently into the world with tender and expert hands.

Mum warns of vacuum danger after toddler injured

Every parent knows toddlers can move fast, now one mum is warning about the dangers of allowing small children anywhere near vacuum cleaners.

 
Advertisement
 

Top 5 Articles

Advertisement
 
 
 

From our network

Win 1 of 10 awesome Peppa Pig prize packs

Who loves Peppa? We have 10 packs to give away - including family passes to see the brand new movie, in cinemas March 16!

Essential Baby & Toddler Show, presented by Blackmores

28th - 30th April, 2017, Melbourne Royal Exhibition Building, Carlton. Get your FREE ticket now. Save $20.

 

Free ticket offer

Essential Baby & Toddler Show, presented by Blackmores

28th - 30th April, 2017, Melbourne Royal Exhibition Building, Carlton. Get your FREE ticket now. Save $20.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.