If your ex is refusing to agree to a divorce, what should you do?
The divorce process can sometimes be the simplest part of ending a marriage, but it is often confused with other legal issues like property settlements or parenting arrangements. In reality, divorce only deals with the formal dissolution of a marriage, while financial and custody matters are handled separately.
Filing for divorce does not automatically resolve financial or parenting issues. Once your divorce is finalized, a time limit is triggered for addressing property settlements or spousal maintenance. You will generally have 12 months from the date the divorce is granted to file any property settlement application.
But can your ex actually prevent the divorce from happening?
Fortunately, your ex can only oppose the divorce on two specific grounds:
- You have not been separated for the required 12 months, or
- The court lacks jurisdiction to grant the divorce.
Regarding the first point, you and your ex must have been separated for a full 12 months before you can apply for divorce. However, it’s possible to be considered separated even if you are living under the same roof during this period.
The second point involves jurisdiction. At least one of you must be an Australian citizen, consider Australia your permanent home, or have lived in the country for at least 12 months before applying for divorce. If neither of you meets these requirements, the court cannot grant the divorce.
If your ex won’t agree to sign the Divorce Application, you can file the application by yourself without your ex’s consent. You will need to ensure that once your application is filed, the documents are personally served on your ex.
There are a few other situations that could slow down or complicate the divorce process:
- If you have been married for less than two years, you must either attend counselling with your ex or show special circumstances to proceed with the divorce. Even if your ex refuses counselling, this doesn’t prevent the divorce, but it adds extra steps that may require legal assistance.
- If the court believes there is a realistic chance you and your ex might reconcile, it could decline to grant the divorce.
Need help with your divorce process? Contact us today for a free initial consultation at Freedom Family Law. Call 07 5409 8000 or click here to book online now!