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Opposing A Divorce Application

When it comes to opposing a divorce, there are few opportunities to oppose a divorce application. You can only oppose the divorce where:

• there has not been 12 months separation as alleged in the application, or
• the court does not have jurisdiction.

If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date. You need to set out the grounds on which you seek the dismissal in the Response to Divorce.

If you file a response, you should attend the divorce hearing. If you do not attend, the Court may decide the divorce application in your absence. If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

If you require assistance with this issue, help is available from Toowoomba Family Solicitors, Best Wilson Buckley Family Law.

The information contained herein is not intended to be a complete statement of the law on any subject and should not be used as a substitute for legal advice in specific fact situations.