Divorce in Tasmania

Every country has its laws and regulations, knowing them before you dwell into a situation are always best. If you are planning on getting a divorce in Tasmania you need to understand it first.

If you are filing a online divorce application form on your own in Tasmania, it is important that your spouse is aware of the application and knows its contents. Service of the request for divorce must be done in earnest and the request may be served by another person or by post.

Use of the service by post should only be taken forward if your spouse is likely to sign the service acknowledgement. Sending more than one copy of the divorce application form is essential because if the application form is not returned in time, the application may be delayed for finalizing. If your spouse is represented by an applicant and the right to accept the application form has been granted, he may sign the service acknowledgement. The applicant will also file a service acknowledgement. If your spouse lives outside Australia, the application will have certain service requirements.

The application form and brochure on marriage, family and separation must be served;

  • 28 days prior to the date of the hearing, in cases where the spouse is in Australia; or
  • 42 days prior to the date of the hearing; in cases where the spouse is outside Australia.

After failure to serve the application before the date of the hearing, the application may still be open if your spouse signifies consent by writing or representing a solicitor in court who indicates consent to their clients. If you don’t know the address of your spouse, you might ask the court to help you send the application. Serving documents by another person’s personal delivery is done because you are unable to personally deliver the application to your spouse. A friend or family member can serve a divorce request on your behalf and that person must be over 18 years of age. You could also use a bailiff’s services to serve the documents at a fee.

Anyone who served the documents should complete the service affidavit and attach to the affidavit the service acknowledgement. The server would then swear to affirm the affidavit before a Justice of Peace. However, both you and your spouse can file for a joint application for divorce. If you and your spouse file a joint divorce application form or if you file a single divorce application form and there are no children under the age of 18, there is no need to appear in court.

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