Can A Spouse Refuse A Divorce Application?

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Below we explain what can happen, if your partner attempts to refuse your request for divorce.

• If your spouse wishes to oppose a divorce, they must file a response to your application and serve this response to either you or your lawyer before the hearing date for your application. Your spouse or a legal representative for them must then attend the court for your divorce proceeding. This will often delay your divorce being finalised

• There are only a few circumstances however, where a Court will refuse a divorce application, as long as it is filed and served correctly. Such occurrences could include a dispute about which country a divorce should be heard, disagreements over the separation dates or where you have lived separately and apart under th one roof. Such issues should usually be solved before the court hearing date however

• If there are children in the marriage, a court will often not grant a divorce until proper arrangements for the custody of children have been made.

For more information about spousal maintenance and how is calculated in Victoria you can check out our latest blog. Additionally, if you are curious about the potential cost of a divorce and how to navigate the process, we have resources available.

If you would like advice from a family lawyer in Melbourne, contact us today.

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Rowan Skinner

About Rowan Skinner

Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.

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