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The Application For Divorce form serves as a crucial starting point for individuals seeking to dissolve their marriage legally. This form typically requires essential information about both spouses, including their names, addresses, and the date of marriage. It may also ask for details regarding any shared children, property, and debts, allowing the court to assess the overall circumstances surrounding the divorce. Additionally, the form provides a platform for one party to state the grounds for the divorce, which can vary by state, such as irreconcilable differences or other reasons established by law. Completing this form accurately is vital, as it helps to ensure that the divorce process moves smoothly through the judicial system. The form may also include sections related to temporary orders, child custody arrangements, and spousal support requests, highlighting the diverse issues that need resolution. By paying close attention to each aspect of the form, individuals can better prepare for the legal proceedings ahead.
Application For Divorce Example
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
Phone
Usual occupation
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:
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5.Basis of jurisdiction
MARK [x] EVERY BOX THAT APPLIES TO THE HUSBAND AND EVERY BOX THAT APPLIESTO THE WIFE
HUSBAND |
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
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
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 |
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Part C About the
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 |
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No |
On what date did you regard the marriage as over? |
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HUSBAND |
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WIFE |
DAY / MONTH / YEAR |
DAY / MONTH / YEAR |
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/ /
/ /
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.
BRIEFLY DESCRIBE THE ATTEMPT
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10.At any time after you separated, have you and your spouse resumed living together?
No
Yes PROVIDE THE FOLLOWING DETAILS
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Day / Month / Year |
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Day / Month / Year |
Period |
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From |
/ |
/ |
to |
/ |
/ |
months |
days |
From |
/ |
/ |
to |
/ |
/ |
months |
days |
11.Do you think it likely that you will live together again as husband and wife? No
Yes
12.Have you attempted reconciliation?
No
Yes
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)
No
Yes
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
Yes PROVIDE THE FOLLOWING DETAILS |
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Court name and place |
Court file number |
Next court date |
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/ |
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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.
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15.Are orders already granted?
No GO TO ITEM 16
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) |
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court order |
undertaking |
parenting plan |
agreement |
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OR |
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GIVE THE FOLLOWING DETAILS: |
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Court name and place |
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Court file number |
Date |
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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:
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Full name |
M/F |
Date of birth |
Relationship to parties |
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Child 1: |
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/ |
/ |
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Child 2: |
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/ |
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Child 3: |
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Child 4: |
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Child 5: |
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Child 6: |
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Child 7 |
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Child 8: |
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IF THERE ARE MORE CHILDREN, PLEASE ATTACH AN EXTRA PAGE, NUMBERING IT ITEM 18, PAGE 2.
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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.
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19. Do you propose any changes to the arrangements described in item 18?
No
Yes Please provide details, in relation to each child, of any significant changes that are planned – for example, changing residence, schooling arrangements or supervision:
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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.
Husband |
Wife |
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I swear*/affirm* that: |
I swear*/affirm* that: |
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• |
I am the*/an* applicant; |
• |
I am the*/an* applicant; |
• |
I have read this application; |
• |
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.
•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
PlaceDate
/ /
Before me (signature of witness)
/ /
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)
Full name of witness (please print)
Justice of the Peace/Commissioner for Oaths Notary
Lawyer
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 |
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File Breakdown
| Fact Name | Description |
|---|---|
| Purpose | The Application for Divorce form is used to initiate the process of legally ending a marriage. It outlines the reasons for the divorce and sets the framework for the proceedings. |
| State-Specific Forms | Different states have their own specific forms and requirements. For example, in California, the form is governed by the California Family Code. |
| Required Information | This form typically requires personal information about both spouses, including names, addresses, and the date of marriage. It helps provide the court with necessary context for the case. |
| Filing Process | Once completed, the form must be filed with the appropriate court. In most cases, this involves paying a filing fee and may require serving the other spouse with a copy. |
Guide to Using Application For Divorce
After obtaining the Application for Divorce form, you will need to fill it out correctly to ensure your case can proceed smoothly. It's important to provide accurate information as required by the form to support your filing.
- Gather Required Information: Collect all personal details such as names, addresses, and dates of birth for both parties. Include information about any children involved, if applicable.
- Read Instructions: Review any specific instructions included with the form. Understanding the requirements can help you avoid mistakes.
- Complete Each Section: Fill in each section of the form carefully. Make sure to provide all necessary details in the designated spaces.
- Check Your Work: Look over the completed form to ensure there are no errors or omissions. Accuracy is important.
- Sign the Form: Sign and date the application where indicated. Unsigned forms may be rejected.
- Make Copies: Make copies of the completed form for your records and for any other parties involved.
- File the Form: Submit the application to the appropriate court. This may involve physically delivering the documents or filing them online, depending on your jurisdiction.
- Prepare for Next Steps: After filing, you may need to prepare for additional paperwork or court appearances. Stay informed about what to expect following your submission.
Get Answers on Application For Divorce
What is the Application For Divorce form?
The Application For Divorce form is a legal document that officially requests the dissolution of a marriage. It serves as the starting point for the divorce process in a court. Typically, this form includes essential information such as the names of both spouses, details about the marriage, and reasons for seeking a divorce. It's crucial to complete this form accurately to ensure proper processing by the court.
Who can file the Application For Divorce?
Generally, either spouse can file the Application For Divorce as long as certain conditions are met. Typically, one of the following criteria must apply:
- At least one spouse must have lived in the state where the divorce is filed for a specific duration (usually six months to a year).
- The marriage must be recognized in the state where the application is submitted.
- The couple must meet the required waiting periods and any state-specific laws regarding divorce.
What information is required on the Application For Divorce form?
The Application For Divorce form usually requires various pieces of information, including:
- Personal Information: Full names, addresses, and contact information for both spouses.
- Marriage Details: Date and place of marriage, along with any previous marriages and divorces.
- Children: Information about any children from the marriage, including names, ages, and custody considerations.
- Reasons for Divorce: A brief description of the grounds for the divorce, which could include irreconcilable differences or other legal reasons.
Providing complete and accurate information helps to facilitate a smoother process through the court system.
What happens after the Application For Divorce is filed?
Once the Application For Divorce is filed, the court will issue a summons to the other spouse to inform them of the divorce proceedings. Typically, the following steps occur:
- The other spouse must be officially served with the divorce papers.
- They will then have a specified period to respond to the application.
- If both parties agree on terms, they may proceed with an uncontested divorce, or if there are disputes, the matter may require additional court hearings.
Throughout this process, it’s often advisable to seek legal guidance to navigate any complexities that may arise.
Common mistakes
When filling out the Application for Divorce form, many individuals unintentionally make mistakes that can complicate the process. One common error is incomplete information. Applicants often overlook sections that need detailed responses, which can lead to delays in processing. Every piece of information is essential for the court to understand the situation. Providing thorough details can help streamline the proceedings.
Another mistake involves incorrect information. Sometimes, applicants may mistakenly enter wrong names, addresses, or dates. This error can jeopardize the divorce process, as the court may require clarification or additional documents. Always double-check entries before submitting the form to avoid these pitfalls.
People also tend to miss important instructions. Forms typically come with guidelines on how to fill them out. Ignoring these can lead to unnecessary errors. Following the provided directions closely ensures that all requirements are met. This practice will save time and reduce the chances of the application being rejected.
A frequent oversight is neglecting to sign the application. It might seem trivial, but submitting a form without a signature is a major mistake. Courts need your signature for verification purposes. Always ensure that you've signed and dated the application before submitting it.
Finally, individuals often forget to keep copies of their forms. After filling out the Application for Divorce, it is crucial to retain a copy for your records. This can be especially important if any issues arise later in the process. Keeping a personal record of submissions ensures you are aware of your own documents and provides a reference should any questions arise.
Documents used along the form
When filing for divorce, several additional forms and documents are often needed to support the Application For Divorce. Each document serves a specific purpose and helps ensure the process goes smoothly. Here’s a list of commonly used documents:
- Financial Affidavit: This document outlines each spouse's financial situation, including income, expenses, assets, and debts. It helps the court understand the financial aspects of the marriage.
- Child Custody Agreement: If there are children involved, this document details the arrangements for their custody and visitation. It is crucial for ensuring the children’s best interests are prioritized.
- Property Settlement Agreement: This outlines how marital assets and debts will be divided between the spouses. The court often requires this to finalize the divorce.
- Notice of Hearing: This document is filed to inform both spouses of the date and time of the hearing. It ensures that all parties are aware of the proceedings.
- Summons: This is a document that notifies the other spouse that a divorce has been filed and provides instructions on how to respond to the application.
- Temporary Orders: If immediate decisions are needed regarding child support, custody, or alimony, temporary orders can be requested until a final agreement is reached.
- Petition for Divorce: Similar to the application, this document can serve as the formal request for divorce, outlining the reasons for the divorce and the relief being sought.
- Parenting Plan: This document details how parents will share responsibilities regarding their children after divorce, covering aspects like education, healthcare, and discipline.
Including the right forms and documents helps streamline the divorce process and ensures that all necessary legal concerns are addressed. Each document plays an important role in achieving a fair and thorough resolution for everyone involved.
Similar forms
The Application for Divorce form shares similarities with several other legal documents. Each of these documents serves a unique purpose, yet they all involve formal requests or statements that initiate legal processes. Here’s a rundown of these documents, highlighting their connections to the Application for Divorce form:
- Pleading: A pleading is a formal written statement of the cause of action or defense. Like the Application for Divorce, it sets the stage for the legal proceedings by outlining the specifics of the case.
- Complaint: This document initiates a lawsuit and details the plaintiff's claims against the defendant. Similarly, the Application for Divorce outlines the spouse's reasons for seeking a divorce, establishing the context for the legal action.
- Summons: A summons is a document that notifies a party they are being sued. Just like the Application for Divorce, a summons compels involvement in legal matters, directing parties to respond within a specific timeframe.
- Petition for Child Custody: This document requests the court to make decisions regarding the custody of children. Much like the Application for Divorce, it initiates a legal process and outlines the petitioner's desires regarding the situation at hand.
- Motion for Temporary Orders: A motion for temporary orders is filed to request immediate relief from the court, such as temporary custody or support. It is similar to the Application for Divorce, as both are formal requests presented to a court to address urgent issues during proceedings.
- Declaration of Disclosure: This document is more focused on financial transparency in divorce cases. Like the Application for Divorce, it is essential for providing the court with the necessary information to make informed decisions.
- Marital Settlement Agreement: This agreement settles the terms of a divorce, including division of assets and responsibilities. In essence, it is interconnected with the Application for Divorce by addressing the outcomes that arise from the divorce process.
- Notice of Appeal: A notice of appeal is filed when a party wishes to contest a court's decision. This document also begins a formal legal process, reflecting the procedural nature of the Application for Divorce.
Dos and Don'ts
When filling out the Application For Divorce form, it’s important to approach the task thoughtfully. Here are five things to consider.
- Do read the instructions carefully before you begin.
- Do provide accurate and complete information to avoid delays.
- Do double-check all entries for spelling and clarity.
- Don't leave any required fields blank; this could result in your application being rejected.
- Don't rush through the form; take your time to ensure everything is filled out correctly.
Misconceptions
Understanding the Application for Divorce form can be tricky, and misconceptions abound. Here are nine common misunderstandings about this important document:
- You must hire a lawyer to file for divorce. Many people think they cannot file without legal representation. While a lawyer can help, you can complete the Application for Divorce yourself if you feel comfortable.
- All divorces are handled in court. Some individuals assume that all divorces must go through a lengthy courtroom process. In reality, many couples can settle their differences amicably through mediation or negotiation.
- You can fill out the form incorrectly, and it won't matter. Some believe that minor mistakes on the form are insignificant. In truth, even small errors can delay your divorce process or require you to resubmit documents.
- It’s only about dividing property. While property division is an essential part of divorce, the Application for Divorce form may also address child custody, support, and various other factors important to your situation.
- Filing for divorce is a quick process. Many think that simply submitting the application will quickly end the marriage. The timeline varies widely based on the situation, the court’s schedule, and responsiveness from both parties.
- You can’t change your mind once you file. Some individuals believe that once they take the step to file, they cannot backtrack. However, it is possible to withdraw the application before the divorce is finalized.
- The Application for Divorce must be filed in person. Many people assume they must go to the courthouse to submit their paperwork. Increasingly, jurisdictions allow electronic filing, making it more accessible.
- Divorce is only about ending a marriage. Some think the primary focus is on termination. The process often involves important considerations about family dynamics, especially if children are involved.
- Once you file, you’re stuck in the process. It is a misconception that filing locks you into a specific course of action. You can explore different avenues, including reconciliation, during the pending process.
By understanding these misconceptions, you can approach the Application for Divorce form with greater confidence and awareness. It's essential to equip yourself with accurate information to help navigate your situation effectively.
Key takeaways
Filling out the Application for Divorce form can feel daunting, but understanding the key points can simplify the process significantly. Here are some essential takeaways to keep in mind:
- Understand the Requirements: Each state has specific grounds for divorce. Ensure you know what applies to your situation and what information needs to be included in the form.
- Provide Accurate Information: Be precise with names, addresses, dates, and other personal details. Mistakes can lead to delays or complications.
- Filing Fees: Check if there’s a filing fee required in your state, as fees vary. Be prepared for this cost when submitting your application.
- Consider Mediation: If you and your spouse agree on certain terms, mediation might help you expedite the process. It can minimize conflict and simplify negotiations.
- Documentation is Key: Gather necessary documents like marriage certificates, any relevant financial information, and proof of residency. These can support your application.
- Follow up on Your Application: After submitting, make sure to track your application to ensure it is processed and there are no outstanding issues.