The Application For Divorce form is a legal document that initiates the divorce process by formally requesting the dissolution of a marriage. This essential form outlines the reasons for the divorce and includes important details about the parties involved. If you're considering this step, start by filling out the form by clicking the button below.
Filing for divorce can be a significant and often overwhelming step in a person's life, and understanding the necessary paperwork is crucial to navigating this process smoothly. One of the key documents involved is the Application For Divorce form, which serves as the formal request to the court to dissolve a marriage. This form typically requires essential information such as the names and addresses of both spouses, the date of marriage, and the grounds for divorce, which may vary by state. Additionally, it may include details about any children from the marriage, arrangements for their custody, and financial considerations like alimony or division of property. Completing this form accurately is vital, as it sets the stage for the legal proceedings that follow. Moreover, knowing how to properly submit this application, including any required fees and supporting documents, can help ensure that the process moves forward without unnecessary delays.
Application for Dissolution of Marriage (Divorce) 1
FORM 1 Family Law Rules – r. 6.01
Please type or print clearly and mark [X] all boxes that apply. Attach extra pages if you need more space to answer any questions.
Filed in:
Family Division of the High Court Family Division of the Magistrates’ Court
Application by: husband alone wife alone
both parties jointly
COURT USE ONLY
File number: ___________________
Filed at: _____________________
Filed on: ______________________
Hearing —
Place:
Date:
Time:
Part A About the husband and wife
A sole applicant – complete your column and as much of the other column as you can.
Joint applicants – complete both columns.
HUSBAND
1.Full name as used now (including father’s name (“f/n”), if necessary for identification; surname underlined, if applicable)
2.Residential address
Phone
3.Usual occupation
4.Address for service in the Fiji Islands
(Mark one only)
Residential address, as above Postal, work or other address (insert):
_________________________________
Solicitor (insert particulars):
Solicitor’s name:
Firm name:
Address:
WIFE
Full name as used now (including father’s name (“f/n”), if necessary for identification; surname underlined, if applicable)
Residential address
Usual occupation
Address for service in the Fiji Islands
2
5.Basis of jurisdiction
MARK [x] EVERY BOX THAT APPLIES TO THE HUSBAND AND EVERY BOX THAT APPLIESTO THE WIFE
Fiji Islands citizen
Currently lives and intends to live permanently in the Fiji Islands Ordinarily lives in the Fiji Islands and has done so for 12 months immediately before filing of this application
Part B About the marriage
Provide the following information directly from your marriage certificate.
6.On what date, at what place and in which country did you get married?
DAY/ MONTH / YEAR
TOWN/CITY/LOCALITY
COUNTRY
/ /
7.Names as they appear on the marriage certificate
Husband
Wife
Part C About the break-down of the marriage and any reconciliation
You must have been separated from your spouse for not less than 12 months before you sign this application and file it with the Court.
8.When did you separate?
Day / Month / Year
9.Was the date you wrote at item 8 the date on which you regarded the marriage as over?
Yes
No
On what date did you regard the marriage as over?
DAY / MONTH / YEAR
You should be prepared to provide the Court with information about what happened or what was said on that date to show that one or both of you intended to end the marriage.
3
10.At any time after you separated, have you and your spouse resumed living together?
Yes PROVIDE THE FOLLOWING DETAILS
Period
From
/
to
months
days
11.Do you think it likely that you will live together again as husband and wife? No
12.Have you attempted reconciliation?
Part D About other Court cases and orders
Before the Court can decide your Application for Dissolution of Marriage, it needs to know:
13.Do you have proceedings for an order of nullity?
(Proceedings for dissolution of marriage will not proceed if proceeding for nullity is before the Court — s.33)
14.Are there any ongoing cases in this or any other Court on any other family law matters that involve any of the parties or any of the children listed on this Form?
No GO TO ITEM 16
Court name and place
Court file number
Next court date
Names of parties to application
Nature of proceedings
IF THERE IS MORE THAN ONE CASE, PLEASE ATTACH AN EXTRA PAGE, NUMBERING THE NEXT CASE ITEM 14, PAGE 2 AND SO ON.
4
15.Are orders already granted?
Yes EITHER attach a full copy of the order, parenting plan, agreement or undertaking OR set out details below (attach extra pages if you need extra space, numbering them Item 15, page 2, and so on)
Attached is/are copy/copies of the following (mark [X] the boxes that apply)
court order
undertaking
parenting plan
agreement
OR
GIVE THE FOLLOWING DETAILS:
Date
Names of parties
Details of the order / undertaking / agreement / parenting plan
IF THERE IS MORE THAN ONE CASE, PLEASE ATTACH AN EXTRA PAGE, NUMBERING THE NEXT CASE ITEM 15, PAGE 2, AND SO ON.
Part E About the Children under 18
16.Are there any children of the marriage currently under 18? Include:
Any children of you and your spouse born before the marriage or after separation.
Children adopted by you and your spouse (or either of you with the consent of the other)
Any other child (including a child of neither of you) who was treated as a member of your family immediately before your final separation.
No GO TO PART F
Yes COMPLETE ITEMS 17 AND 18
17.Give the following details for each child:
Full name
M/F
Date of birth
Relationship to parties
Child 1:
Child 2:
Child 3:
Child 4:
Child 5:
Child 6:
Child 7
Child 8:
IF THERE ARE MORE CHILDREN, PLEASE ATTACH AN EXTRA PAGE, NUMBERING IT ITEM 18, PAGE 2.
5
18.The Court needs to determine whether the arrangements for your children are proper in all the circumstances. To assist the Court to do this, please set out below the arrangements for the children including details about their home, schooling, health, financial support (including any maintenance paid for them), their contact with each of their parents and any other matter you consider will assist the Court.
6
19. Do you propose any changes to the arrangements described in item 18?
Yes Please provide details, in relation to each child, of any significant changes that are planned – for example, changing residence, schooling arrangements or supervision:
7
Part F Affidavit of applicant(s)
PLEASE DO NOT COMPLETE THIS PART OF THE FORM UNTIL YOU ARE WITH A PERSON WHO IS LEGALLY ABLE TO WITNESS YOUR SIGNATURE – PLEASE DO NOT SIGN UNLESS IT IS AT LEAST 12 MONTHS SINCE THE DATE YOU SEPARATED.
You must complete the following affidavit. You must sign it in the presence of a Justice of the Peace, notary public or lawyer. The person witnessing the affidavit will fill in the place and date.
Both the husband and wife are to sign the affidavit ONLY if you are applying together. You may do so before different persons and at different times or before the same witness on the same occasion. If only one of you is applying for the divorce, only you are to sign the affidavit. You do not have to ask your spouse.
I swear*/affirm* that:
•
I am the*/an* applicant;
I have read this application;
•the facts of which I have personal knowledge are true; and
•all other facts are true to the best of my knowledge, information and belief.
Signature of husband
PlaceDate
Signature of wife
Before me (signature of witness)
Full name of witness (please print)
Justice of the Peace/Commissioner for Oaths Notary
Lawyer
* Delete whichever is inapplicable
This application was prepared by:
applicant(s)
lawyer for applicant(s)
PRINT LAWYER’S FIRM NAME
Notice of Application — Dissolution of Marriage (Divorce)
Complete this notice if you are applying on your own, then pin the notice to the front of the copy of the Application for Dissolution of Marriage (Divorce) to be served on your spouse.
To (name and address of spouse)
In the attached application your spouse is applying for divorce. The Court has set down the hearing of this application at the time and place shown on page 1 of the Application for Dissolution of Marriage (Divorce).
WHAT STEPS YOU NEED TO TAKE AS THE RECIPIENT OF THIS NOTICE
1You should check the details given by your spouse in the attached application to make sure that they are correct to the best of your knowledge.
2You should sign, date and return the attached Acknowledgment of Service (Form 21) to the person who served the Application for Divorce.
3If you want the divorce to be granted, you do not have to file any other documents.
4If you want the divorce to be granted, but you disagree with facts contained in the application, you may file a Response (Marital Status Proceedings) (Form 4) and appear in person on the hearing date.
5If you do not want the divorce to be granted you must complete a Response (Marital Status Proceedings) (Form 4) asking for the application to be dismissed. You will need to set out grounds on which you seek the dismissal. You will need to file the Response with the Court:
—if the application was served in the Fiji Islands, within 28 days after it was served; or
—if it was served overseas, within 42 days of the application being served.
After filing the Response with the Court you must also serve a copy of it on your spouse. You can obtain instructions on how to serve it from the court registry.
You must come to the hearing. If you do not attend, the Court may determine the Application for Divorce in your absence.
PROPERTY AND MAINTENANCE
If you have not applied to the Court for orders about property or maintenance, you may do so by a separate application (Form 9 for applications relating to property only or to both property and maintenance; Form 5 for applications for maintenance only) within 2 years of the date the divorce becomes final. After that time you must obtain the permission of the Court to apply.
Signature of Registry Officer ______________________________Date
Filling out the Application for Divorce form is an important step in the legal process of ending a marriage. Once the form is completed, it will need to be submitted to the appropriate court, where it will initiate the divorce proceedings. Understanding how to accurately fill out this form can help ensure that the process moves smoothly.
After completing the form, the next step involves filing it with the appropriate court. Be prepared to pay any required filing fees and to follow any additional instructions provided by the court. This will set the legal process in motion, leading to the next stages of your divorce.
What is the Application For Divorce form?
The Application For Divorce form is a legal document that initiates the divorce process. It outlines the details of the marriage, the grounds for divorce, and any requests regarding child custody, property division, and support. Completing this form is a crucial step in formally ending a marriage in the eyes of the law.
Who can file the Application For Divorce?
Either spouse can file the Application For Divorce. To do so, one must meet the residency requirements of the state where the divorce is being filed. Generally, at least one spouse must have lived in that state for a specified period before filing.
What information do I need to provide on the form?
The form typically requires basic information such as the names and addresses of both spouses, the date of marriage, and the reason for seeking a divorce. You may also need to include details about any children, property, and financial matters. Providing accurate and complete information is essential for the process to proceed smoothly.
How do I file the Application For Divorce?
Can I file for divorce without a lawyer?
Yes, individuals can file for divorce without a lawyer, known as filing pro se. However, it is recommended to seek legal advice, especially if there are complex issues involved, such as child custody or significant assets. A lawyer can help ensure that your rights are protected throughout the process.
What happens after I file the Application For Divorce?
After filing, the court will process your application. You will typically receive a notice of your court date. Additionally, the other spouse must be served with the divorce papers. This step is crucial, as it ensures that both parties are aware of the proceedings and can respond accordingly.
How long does the divorce process take?
The duration of the divorce process can vary significantly based on several factors, including the complexity of the case, the willingness of both parties to negotiate, and the court’s schedule. Some divorces can be finalized in a few months, while others may take a year or more, especially if there are disputes that require mediation or trial.
What if my spouse does not respond to the Application For Divorce?
If your spouse does not respond within the required timeframe, you may be able to proceed with an uncontested divorce. This means the court may grant the divorce based on the information you provided in your application. However, it is important to follow your state’s specific rules regarding this process to ensure everything is handled correctly.
Filling out the Application For Divorce form can be a daunting task. Many individuals make common mistakes that can delay the process or even jeopardize their case. One frequent error is providing incomplete information. When sections are left blank or filled out hastily, it can lead to confusion and additional requests for clarification from the court.
Another mistake involves incorrect personal information. People often overlook the importance of ensuring that names, addresses, and dates of birth are accurate. Errors in these details can cause significant delays in the processing of the application.
Many individuals also fail to understand the residency requirements. Each state has specific rules about how long a person must live there before filing for divorce. Ignoring these rules can result in the court rejecting the application outright.
Additionally, some applicants neglect to disclose all relevant assets and debts. Omitting financial information can lead to complications later in the divorce proceedings. Full transparency is crucial for a fair settlement.
Another common mistake is not considering the need for supporting documents. Many people forget to attach necessary paperwork, such as marriage certificates or proof of income. Without these documents, the application may be deemed incomplete.
Emotional language can also be a pitfall. While it’s natural to feel strong emotions during a divorce, using inflammatory language in the application can reflect poorly on the applicant. Courts prefer a straightforward and respectful tone.
Some individuals mistakenly believe they can submit the application without legal advice. While it is possible to file without an attorney, having professional guidance can help avoid pitfalls and ensure that the application meets all legal requirements.
Finally, overlooking deadlines is a significant mistake. Many people underestimate the importance of filing within specific time frames. Missing a deadline can lead to additional complications and delays in the divorce process.
When filing for divorce, several other forms and documents may be required alongside the Application For Divorce form. These documents help provide necessary information and facilitate the legal process.
These documents play an essential role in the divorce process, ensuring that all relevant aspects are addressed and facilitating a smoother resolution.
When filling out the Application For Divorce form, it is essential to approach the task with care. Here are five things you should and shouldn't do:
When it comes to filing for divorce, many people hold misconceptions about the Application for Divorce form. Understanding the truth behind these beliefs can help individuals navigate the process more smoothly. Below are nine common misconceptions along with explanations to clarify them.
While the process can seem daunting, many individuals find it straightforward, especially with the right information and resources. Each case is unique, and some may be simpler than others.
It is not mandatory to hire a lawyer. Many people choose to represent themselves, especially in uncontested cases where both parties agree on the terms.
In addition to the Application for Divorce, other documents may be required, such as financial disclosures or parenting plans, depending on the circumstances of the divorce.
In many states, no-fault divorce is an option, meaning that you do not need to provide a specific reason other than irreconcilable differences.
The timeline for a divorce can vary significantly based on the complexity of the case, court schedules, and whether both parties are in agreement.
It is possible to withdraw your application for divorce before it is finalized. However, once the divorce is granted, the process cannot be reversed without further legal action.
Many uncontested divorces can be resolved without a court appearance, particularly if both parties agree on the terms and submit the necessary paperwork.
Each state has its own specific forms and requirements for filing for divorce. It is crucial to use the correct form for the state where the divorce is being filed.
Property division during a divorce is based on state laws and the circumstances of the marriage. Many individuals retain a fair share of their assets.
By dispelling these misconceptions, individuals can approach the divorce process with greater confidence and clarity. Understanding the requirements and realities can lead to more informed decisions and a smoother transition during this challenging time.
Filling out the Application For Divorce form is an important step in the divorce process. Here are key takeaways to keep in mind:
By keeping these points in mind, you can navigate the Application For Divorce process more effectively and with greater confidence.