Online Divorce

There isn’t much nowadays that you can’t find, source or prepare using the Internet. All you need is a good Internet connection, a computer, common sense and the ability to research whatever you need to find.

In my case, it was researching and then preparing for an online divorce. My application wasn’t all that complicated as months earlier through the assistance of my family court lawyer and a court-appointed financial mediator a meeting was held where three hours of negotiations took place between my ex-husband, both lawyers and myself. Three hours later we finally achieved a sensible property settlement.

After the property settlement had occurred and my ex-husband received the agreed monies into his bank account he was gone not to be seen or heard from again. How do you find someone who doesn’t want to be found?

Following on from the above property settlement, the time had come to commence the divorce application document online, pay my fee and writing in the section as to the whereabouts of the respondent (ex-husband) “Unknown”. On completion of the Online Divorce Application, a date to appear in court was electronically sent to me together with a reference number. Wonderful, it could all be over soon and I can get back to living a real life without any further obstacles.

Two days later I received a call from a Family Court Clerk advising due to writing the word ‘Unknown’ to the whereabouts of my ex-husband I would now have to complete two affidavits, get both documents witnessed by a Justice of Peace or Lawyer. One of the affidavit documents I had to write down as much as possible on how and what I did regarding trying to locate my ex-husband’s whereabouts.

Not knowing where he was living didn’t bother me greatly as surely his lawyer would know of his whereabouts, no luck there, she wouldn’t assist due to ‘client privacy’. All right I thought then could she accept the divorce application documents on his behalf, still no luck there either. She had no authority to accept such paperwork.

His lawyer being uncooperative didn’t deter me, thank goodness my only form of communication with his lawyer was via emails and obviously this gave me a record that became Annex A to the affidavit. The last communication via email from my ex-husband months earlier became Annex B.

These attachments have shown some examples of how I have tried to locate him, together with several other comments relating to ways that he may be able to be found including using the Internet to Google his name sourced some relevant information for the affidavit.

All of the above has fortunately enabled me to achieve a divorce application electronically using the Internet, except of course the witnessing my signature together with some common sense and wordsmith skills.

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