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I can't find my spouse — can I still get divorced?

Yes. The Court needs your spouse to be served so they know about the application — but if you genuinely can't find them after reasonable efforts, the Court can allow "substituted service" (serving them another way, such as by email, social media, or through a relative) or "dispense with service" altogether. We prepare the application, affidavit and hearing — the work is quoted in writing and agreed before any work starts, on top of the sole-application fee.
Hand placing an envelope in a suburban letterbox

What "reasonable enquiries" means

Before the Court will help, it wants to see that you've tried: last known address and phone; family and friends; their employer; social media and email; a search of the electoral roll (which we can request as lawyers); and any other likely source. We give you a short checklist and record what you did — this becomes the affidavit.

Substituted service

If there's a way the documents will probably reach them — a Facebook account they use, an email, a parent's address — the Court can order service that way. We serve accordingly and prove it.

Dispensation of service

If there's no realistic way to reach them at all, the Court can dispense with service and hear the divorce without it.

Timing

The service application is heard before or with the divorce; it can add a few weeks. We'll give you a realistic timeline once we know your situation. Because hearings are listed in order of filing, the sooner we start the enquiries the better.

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Frequently asked questions