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In a Joint Application for Divorce, both spouses are asking the court for a divorce together, so personal service of the divorce paperwork is not required. This means that neither spouse has to arrange to have documents served on the other.
Only you as the applicant are required to sign the application. The respondent does not need to sign. You will be required to serve the application on the respondent. For more information see How do I serve a divorce.
If you were married overseas, you can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live indefinitely in Australia. are an Australia citizen by birth or descent. are an Australia citizen by grant of an Australia citizenship, or.
Disadvantages of Filing for Divorce First Financial Responsibility: As the petitioner, you might be responsible for the filing fees and other initial costs associated with the divorce. Reactive Response: Filing first might prompt your spouse to respond with legal action of their own.
You don't have to agree to the divorce or sign anything, but the divorce order will still be made. You can suggest relationship counselling, but your spouse doesn't have to agree. A Family Relationship Centre or the Family Relationship Advice Line may be able to help.