you will have to furnish proof that you have tried to locate your husband.
were you married overseas or is your husband living overseas now?
This can be done by contacting any of his friends or relatives and his previous workplace. It is possible that the Court will allow you to serve one of your husband’s relatives with the divorce in lieu of your husband.
The Court will have to know about this situation and you might be asked to make an application for substituted service which means that someone else can be served with the divorce. The Court may also decide that you do not need to serve the divorce application on someone else.
If your husband resides overseas you can serve your husband with the divorce in person by visiting him or by mail or to one of his relatives if the Court orders this action.
If you were married overseas then you have to provide proof from the marriage registry of the particular country where the marriage took place and a marriage certificate was issued. If you can’t find the required information then you will have to provide an affidavit.
Sometimes a husband wants a divorce when you don’t. There is not much you can do about this if you have been separated for more than 12 months. However, you must ensure property division and child support has been sorted out first. The Court will want to know the arrangements that have been made for children.
There is an applicable court filing fee in the Federal Circuit Court. If you are experiencing any form of financial hardship or you are on a Federal benefit then you may be exempt from paying any fees.
The Family Court Rules has a list of set charges if you use the services of a lawyer. However, there may be additional fees charged depending on the duration and complexity of the divorce proceeding.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.