VIC Applying for divorce in Australia from overseas

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Verity

Member
25 January 2018
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I'm ready to apply for a divorce from my husband but I'm currently overseas. I'm aware that the process can be completed largely online and I've started completing the application. Once it's done I'm supposed to print it out and sign it in front of an authorised witness. Does anyone know who qualifies as a authorised witness if you're not currently in Australia?

Also, I know that serving the papers on my husband is going to be a problem. I know he's in Melbourne somewhere but I don't have an address. He refuses to give me one, precisely so he can avoid being served (he doesn't want the divorce). He has no relatives (that still speak to him) and does not have a job, as far as I know. How do I go about finding him to serve him with the papers? Are there private detectives that do that sort of thing? It seems so melodramatic! He's in regular communication with me online. Could I show evidence of his refusal to provide an address and that I have sent him the documents by email? Would that satisfy the court?

Any suggestions or advice appreciated.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
You have a few options:

1. Ask the court for approval to use a substitute service. Maybe post to his parents/brother/sister. Or send via email
2. Request a subpoena from the court that you can send to his mobile carrier to obtain address details. Or electoral commission, or Centrelink as he is unemployed and likely receiving benefits.
3. Ask to dispense with service. Not easily granted and you need to show multiple attempts to obtain his address using multiple methods.