How can I file for divorce?

Question Details: My ex-husband and I separated close to 2 years ago. We have a signed property relationship agreement and have financially settled. I would like to know how I can go about filing for divorce.

Filed under Family Law | 1748 View(s)

Are you a lawyer? Login or register to answer this question.

Answers by Lawyers

Community Law Wellington & Hutt Valley

You can file for divorce through the Family Court. Divorce is called dissolution of marriage, in legal terms. To dissolve your marriage, you need to have been living apart for at least 2 years.

There are two different processes for filing for divorce:
1) Joint application. You can make one joint application between you if you both agree to dissolve the marriage. Joint applications are simpler and faster and can usually be dealt with without having to appear in court.

2) Single application. If your husband does not agree to complete a joint applicaiton with you, you can complete a single application. A single application is a bit more complicaed as you will need to get the documents "served" on him (delivered to him).

For specific details about how to file for divorce, go to this website www.communitylaw.org.nz and scroll down to ‘Applying for dissolution’.

Answered 7 Aug 2012. The IMPORTANT NOTICE below is part of this answer.

IMPORTANT NOTICE: The answer provided above is intended for general informational purposes only and cannot be considered a substitute for face-to-face legal advice. It should not be relied upon as the sole basis for taking action in relation to a legal issue. Laws change frequently, and small variations in the facts, or a fact not provided in the question, can often change a legal outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or publishers of the answer, for loss, damage or inconvenience arising in any way from the use of this site. While each answer has been published by a lawyer with a practising certificate, that person may not necessarily have experience in the particular area of law involved.

For more information about this website, please review our Terms of Use.