Sole Divorce Applications
You can apply for a divorce on your own without your former spouse's consent — this is called a sole application for divorce.
When you might need a sole application
Where your former spouse doesn't want a divorce, or you're unable to locate them. You must still prove the marriage has irretrievably broken down.
Sole vs joint applications
Sole applicants must serve documents on the other party and provide proof of service; court attendance may be required if there are children under 18; and the respondent can agree, contest, or ignore the application. Joint applicants don't need to serve documents or provide proof of service, and court attendance usually isn't required even with young children — making it a simpler, quicker process.
Service requirements
Documents must be delivered at least 28 days before the hearing date, by someone other than yourself — a friend, relative, or process server, who completes an Affidavit of Service confirming delivery.
If your spouse refuses to sign, or can't be located
A process server can deliver documents with photo identification and sign an affidavit confirming service. If you can't locate your spouse, document all attempts (last known address, family and friends, employment, newspaper notices) in an affidavit, then apply for substituted service or an order dispensing with service.
Court attendance
Required if there are children under 18 or your spouse opposes the divorce (remote attendance by phone or video is available); not required if there are no minor children and your spouse doesn't contest the application.
Frequently asked questions
Can I file for divorce without my spouse?
Yes — this is known as a sole application for divorce.
Can you file for divorce without telling your spouse?
No — you must serve them, or provide evidence of your attempts to notify them; the divorce cannot proceed without their awareness.
Does it matter who files first?
Generally no, though there can be strategic implications for related property or custody proceedings.
Can I apply online?
Yes, through the Commonwealth Courts Portal — reduced fees are available for Centrelink recipients or those demonstrating financial hardship.