WA Application for Divorce Without Other Party's Agreement?

[Jonus321]

Can I proceed with a divorce now without the other party agreeing to it and will it affect the legal proceedings later in getting proper access to my children?

I have my electronic application for divorce ready to go as my ex and I completed mediation and I thought everything was finalised with our financial agreement and parenting plan but my ex refused to give me our children on the first week I was to have them.

Now I have to go through lawyers to get access to our children.

I just want to get divorced from her ASAP but I am worried that when I go to the divorce hearing that the Magistrate will not grant it because nothing has been settled with our children.

 

[sammy01]

Divorce is really just a technicality. It has an impact on time frames for asset division... You have 12 months from the time of divorce to make a claim in court for asset division. But has nothing to do with child access.

So tell us about the parenting plan and the stuff behind why she's not letting you see the kids. Maybe the good folk here can help

 

[Rod]

Apply for the divorce and submit the parenting plan that was agreed to with the divorce papers and go from there.

That gets divorce out of the way and you then move onto parenting. Sounds like you may need a lawyer if she is already being unco-operative in which case the lawyer can easily get the divorce papers together and submitted.