In Western Australia, if you cannot locate your ex-spouse to serve divorce papers, you can still proceed with a divorce application through the Family Court of Western Australia by seeking a court order for either substituted service or dispensation of service. Here’s a step-by-step guide:
1. Make Reasonable Efforts to Locate Your Ex
You must demonstrate to the court that you have taken all reasonable steps to find your ex-spouse. These steps may include:
- Contacting family, friends, or their last known workplace.
- Searching on social media platforms.
- Conducting an electoral roll or phone directory search.
- Hiring a private investigator.
2. File for Divorce
Complete and lodge an Application for Divorce at the Family Court of WA. Include all the necessary details about your marriage and separation.
3. Apply for Substituted Service or Dispensation of Service
If you cannot locate your ex, you can file an application for:
- Substituted Service: Requesting the court to allow you to serve the papers via alternative means, such as email, social media, or serving someone close to your ex who can pass on the documents.
- Dispensation of Service: Asking the court to waive the requirement of serving the documents altogether if all reasonable efforts to locate your ex have been unsuccessful.
4. Supporting Documents
You will need to provide an affidavit detailing:
- The steps you took to locate your ex.
- Evidence of those efforts (e.g., records of searches, communication attempts).
5. Attend the Court Hearing
The court will consider your application and, if satisfied with your efforts, may grant the order for substituted service or dispense with the service requirement.
6. Proceed with the Divorce
If the court approves, you can proceed with your divorce application without serving your ex in the usual manner. The court may finalise your divorce once all other requirements are met.
Key Points to Remember:
- You must have been separated for at least 12 months before applying for divorce.
- If there are children under 18, the court will need to be satisfied that proper arrangements are in place for their care.
If you need help with your divorce, feel free to get in touch with the team at Lotus Legal.