By Holly Lynch, Special Counsel
If you cannot get a hold of your spouse, cannot get their agreement to follow through with a divorce, and simply do not know where to start, you have probably asked yourself, “Can I even get a divorce if they won’t come to the table?”
Do both parties need to agree to get a divorce?
The short answer is “no”. You can apply for divorce by filing a “sole” application with the Court.
Are there any roadblocks that might prevent you from applying?
You and your spouse need to have been separated for at least 12 months and 1 day, and the relationship needs to have broken down irretrievably. This means that it is not likely you will get back together.
If these things are met, you are able to apply for divorce. However, you should consider whether your financial matters are resolved and whether you should deal with this before or after your divorce application. Your divorce will only sever the marriage; it will not deal with the dividing of your assets and liabilities, preventing future claims on these things, or the custody of any children. Importantly, after your divorce is granted, a 12-month time limit starts, and you must deal with your property settlement within this timeframe, so often lawyers will provide advice about when the best time to apply for divorce might be, based on your particular circumstances.
Do you need a family lawyer to help you with your divorce?
While many people complete applications for divorce on their own and “self-represent”, we often find that people run into issues serving their ex-partner with the Court documents. Serving the documents is required, and unfortunately, you cannot serve your own ex-partner with the documents.
On top of this, in most divorce matters, divorce is only one step. You may also need advice about:
- Property settlement (home, farm, or investment properties)
- Parenting arrangements for children
- Child support
- Spousal maintenance
- Estate planning
We encourage you to reach out to our experienced team of family law solicitors for advice specific to your divorce and your circumstances. With tailored advice, you can make informed decisions about what your next steps should be.