21 Apr Do I have to go to court to get a divorce?
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
The answer is: probably not. You may be required to attend your Divorce Hearing. Most people do not attend their hearing.
If the following situations apply to you, then you and your spouse are not required to attend:
- You and your spouse have no children of the marriage under 18 years old. A child of the marriage includes:
- Any child between you and your spouse, including any born before the marriage or after the separation
- Any child adopted by you and your spouse
- Any child treated as a member of the family before the separation, such as step-children or foster children
- This circumstance applies for both sole and joint divorce applications to the Court
- You made a joint application for the divorce
- You are not required to attend even if there is a child of the marriage under 18 years of age
What happens if I can’t attend my divorce hearing?
You may ask the Court if you can attend by telephone. Before this is granted, you must complete a Telephone/Video Link Attendance Request Form. You can find the form HERE.
The form must explain the reasons why you are requesting to appear via telephone/video link.
You also need to advise the other party (your spouse) that you will be requesting this method of appearance and determine whether they agree or disagree to this. The Registrar will approve or refuse this request.
To apply for this request: complete the form, then eFile, email, post or fax the document to the Court at least 5 business days prior to the Divorce Hearing.