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When navigating the complex and often emotional process of divorce, one of the first steps individuals must take is to complete the Application for Divorce form. This essential document serves as a formal request to the court to dissolve a marriage, outlining key details about the parties involved and their circumstances. Typically, the form requires information such as the names and addresses of both spouses, the date of marriage, and the grounds for divorce. Additionally, it may include sections addressing matters like child custody, division of property, and spousal support, which are crucial for ensuring that all aspects of the separation are considered. Completing this form accurately is vital, as it lays the groundwork for the legal proceedings that follow. Understanding the components and requirements of the Application for Divorce can help individuals approach this challenging time with greater confidence and clarity.

Preview - Application For Divorce Form

Application for Dissolution of Marriage (Divorce) 1
FORM 1 Family Law Rules – r. 6.01
COURT USE ONLYPlease 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
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.
1.
HUSBAND
Full name as used now
(including father’s name
(“f/n”), if necessary for identification; surname
underlined, if applicable)
WIFE
Full name as used now (including father’s name
(“f/n”), if necessary for identification; surname underlined,
if applicable)
2.
Residential address
Residential address
Phone
Phone
3.
Usual occupation
Usual occupation
4.
Address for service in the Fiji Islands
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:
(Mark one only)
Residential address, as above
Postal, work or other address
(insert):
_________________________________
Solicitor
(insert particulars):
Solicitor’s name:
Firm name:
Address:
2
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
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?
HUSBAND
WIFE
DAY / MONTH / YEAR 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?
No
Yes PROVIDE THE FOLLOWING DETAILS
Day / Month / Year Day / Month / Year
Period
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
BRIEFLY DESCRIBE THE ATTEMPT
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
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?
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)
court order undertaking parenting plan agreement
OR
GIVE THE FOLLOWING DETAILS:
Court name and place Court file number 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.
u ments described in item 18?
ision:
6
19. Do yo propose any changes to the arrange
No
Yes
Please provide details, in relation to each child, of any significant changes that are planned – for
example, changing residence, schooling arrangements or superv
7
Part F Affidavit of applicant(s)
HE DATE YOU SEPARATED.
davit. You must sign it in the presence of a Justice of the Peace, notary
blic or lawyer. The person witnessing the affidavit will fill in the place and date.
oth the husband and wife are to sign the affidavit ONLY if you are applying together. You may do so
fore different persons and at different times or before the same witness on the same occasion. If only one of
u is applying for the divorce, only you are to sign the affidavit. You do not have to ask your spouse.
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
ONTHS SINCE T
M
You must complete the following affi
pu
B
be
yo
Husband
Wife
I swear*/affirm* that:
• I am the*/an* applicant;
I swear*/affirm* that:
• I have read this application;
• the facts of which I have personal
• I have read this application;
• the facts of which I have pers
kn
• a
kn
• I am the*/an* applicant;
ts are true to the best of my
owledge are true; and
ll other facts are true to the best of my
onal
knowledge are true; and
• all other fac
owledge, information and belief. knowledge, information and belief.
Signature of husband
Signature of wife
Place Date
Place Date
/ / / /
Before me (signature of witness)
Before me (signature of witness)
Full name of witness (please print) Full name of witness (please print)
r Oaths Justice of the Peace/Commissioner for Oaths
Notary
Justice of the Peace/Commissioner fo
Notary
Lawyer Lawyer
elete whichever is inapplicable * D
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
1 You 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.
2 You should sign, date and return the attached Acknowledgment of Service (Form 21)
to the person who served the Application for Divorce.
3 If you want the divorce to be granted, you do not have to file any other documents.
4 If 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.
5 If 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 / /
▼ PDF

Document Specifics

Fact Name Description
Purpose The Application for Divorce form initiates the legal process for ending a marriage.
Jurisdiction The form must be filed in the appropriate court based on state laws and residency requirements.
State-Specific Forms Each state has its own version of the form, tailored to its legal requirements.
Governing Law In California, for example, the governing law is the California Family Code.
Filing Fee A filing fee is typically required when submitting the form, varying by state.
Information Required The form usually requires details about both spouses, including names, addresses, and marriage date.
Grounds for Divorce Most states allow for no-fault divorce, meaning you don’t need to prove wrongdoing.
Service of Process After filing, the other spouse must be formally notified, often through a process server.
Response Time The spouse receiving the application typically has a set time to respond, which varies by state.
Final Judgment Once all procedures are followed, a final judgment will be issued, legally ending the marriage.

Application For Divorce: Usage Instruction

After obtaining the Application for Divorce form, you will need to complete it accurately. Once filled out, the form will need to be submitted to the appropriate court for processing. Ensure that you have all necessary information at hand before starting.

  1. Begin by entering your full name at the top of the form.
  2. Provide your current address, including city, state, and ZIP code.
  3. Fill in the date of your marriage.
  4. Include the names and ages of any children involved.
  5. Indicate the reason for the divorce by selecting the appropriate option.
  6. List any property or assets that need to be divided.
  7. Provide information about any spousal support or alimony requests.
  8. Sign and date the form at the bottom.
  9. Make copies of the completed form for your records.

Learn More on Application For Divorce

What is the Application For Divorce form?

The Application For Divorce form is a legal document that initiates the divorce process. It is used to formally request the dissolution of a marriage. This form typically includes important information such as the names of both spouses, the date of marriage, and the grounds for divorce. By submitting this form, one spouse (the applicant) begins the legal proceedings, allowing the court to address issues like asset division, child custody, and support obligations.

Who can file the Application For Divorce?

Generally, either spouse can file the Application For Divorce. However, specific requirements may vary by state. Most states require that at least one spouse has lived in the state for a certain period before filing. Additionally, the spouse filing must meet residency requirements and have valid grounds for divorce, which can include irreconcilable differences or other legal reasons. It is important to check the local laws to ensure compliance with these requirements.

What information is required on the form?

The Application For Divorce form typically requires the following information:

  • Full names and addresses of both spouses
  • Date and place of marriage
  • Details regarding any children, including their names and ages
  • Grounds for divorce
  • Information about property and debts

Completing this form accurately is crucial, as any errors or omissions can delay the process or lead to complications in court.

What happens after submitting the Application For Divorce?

After the Application For Divorce is submitted, the court will review the form. If everything is in order, a hearing date may be set. Both spouses will be notified, and they may need to attend the hearing. During this time, the court will address various issues, such as property division, child custody, and support arrangements. If both parties agree on these matters, the divorce can be finalized relatively quickly. However, if there are disputes, additional hearings may be necessary to resolve them.

Common mistakes

Filling out the Application for Divorce form can be a daunting task. Many individuals make common mistakes that can delay the process or lead to complications later on. Understanding these pitfalls can help ensure a smoother experience.

One frequent mistake is incomplete information. Applicants often overlook sections that require details about their spouse or the marriage itself. Omitting information such as the date of marriage or the last known address of the spouse can lead to delays. It is crucial to provide all requested information to avoid unnecessary complications.

Another common error is failing to check jurisdiction. Each state has specific rules regarding divorce applications. Submitting the form in the wrong jurisdiction can result in the application being dismissed. It is essential to confirm that the court where the application is filed has the authority to handle the divorce.

Some individuals also make the mistake of not reviewing the form before submission. Errors in spelling, grammar, or numerical values can create confusion. A careful review can catch these mistakes, ensuring that the application is clear and accurate.

Additionally, many applicants forget to sign and date the form. An unsigned application is typically considered invalid. To avoid this issue, double-check that all required signatures are present before submitting the form.

Another mistake involves neglecting to include necessary attachments. Supporting documents, such as financial statements or proof of residency, may be required. Failing to include these can lead to delays or a request for additional information from the court.

Lastly, some individuals underestimate the importance of seeking legal advice. While it is possible to fill out the form independently, consulting with a legal professional can provide valuable insights. This can help avoid mistakes that could complicate the divorce process.

Documents used along the form

When filing for divorce, several forms and documents may accompany the Application For Divorce to ensure the process runs smoothly. Each document serves a specific purpose and helps clarify the details of the divorce proceedings.

  • Summons: This document notifies the other spouse that a divorce action has been initiated. It includes information about the court, the parties involved, and the timeframe for responding.
  • Financial Affidavit: This form requires both parties to disclose their financial information, including income, expenses, assets, and debts. It helps the court make informed decisions regarding support and division of property.
  • Child Custody Agreement: If children are involved, this document outlines the proposed arrangements for custody and visitation. It addresses the best interests of the children and can help prevent disputes later on.
  • Property Settlement Agreement: This agreement details how marital property and debts will be divided between the spouses. It can be negotiated and finalized before the divorce is granted.
  • Notice of Appearance: This form is filed by the responding spouse to indicate their participation in the proceedings. It ensures that the court recognizes their involvement and can proceed accordingly.

These documents are crucial for a clear and efficient divorce process. Completing them accurately helps protect the rights of both parties and facilitates a smoother resolution.

Similar forms

The Application for Divorce form is similar to the Petition for Dissolution of Marriage. Both documents initiate the divorce process by formally requesting the court to end a marriage. The Petition outlines the reasons for the divorce and can include requests for child custody, support, and property division. Like the Application for Divorce, it serves as a starting point for legal proceedings and must be filed with the appropriate court.

Another document similar to the Application for Divorce is the Request for Order. This form is used when one party seeks specific orders from the court during the divorce process, such as temporary custody or support arrangements. Both documents require detailed information about the parties involved and the circumstances surrounding the divorce, helping the court make informed decisions.

The Summons is also akin to the Application for Divorce. This document notifies the other spouse that a divorce has been filed and outlines their rights and responsibilities during the process. While the Application initiates the divorce, the Summons ensures that both parties are aware of the proceedings and can respond appropriately.

The Financial Disclosure form shares similarities with the Application for Divorce in that it requires both parties to provide financial information. This document is crucial for determining property division and support obligations. Transparency about finances is essential for a fair resolution, just as it is in the divorce application process.

The Child Custody Agreement is another related document. If children are involved, this agreement outlines how custody and visitation will be handled. Like the Application for Divorce, it aims to protect the best interests of the children and ensure that both parents are involved in their lives post-divorce.

The Marital Settlement Agreement is similar in purpose to the Application for Divorce as it details the terms of the divorce settlement. This document covers property division, support, and other relevant issues. Both forms play a crucial role in finalizing the divorce and ensuring that both parties agree on important matters.

The Notice of Motion is another document that can be compared to the Application for Divorce. It is used to request a court hearing on specific issues, such as temporary support or custody. Both documents require clear communication of the requests being made to the court, ensuring that all parties understand the issues at hand.

The Affidavit of Service is related to the Application for Divorce as it provides proof that the other spouse has been officially notified of the divorce proceedings. This document is essential for ensuring that the court can proceed with the case, as it confirms that all parties have been given the opportunity to respond.

Lastly, the Response to Petition for Divorce is similar in that it allows the other spouse to formally respond to the divorce filing. This document addresses the claims made in the Application for Divorce and can outline any disagreements or additional requests. Both documents are critical for ensuring that the divorce process is fair and considers the perspectives of both parties.

Dos and Don'ts

When filling out the Application For Divorce form, it's essential to approach the process with care and attention. Here are some important dos and don'ts to keep in mind:

  • Do read the instructions thoroughly before starting.
  • Do provide accurate information about both parties.
  • Do include all necessary documents with your application.
  • Do check for any filing fees and payment methods.
  • Don't rush through the form; take your time to ensure accuracy.
  • Don't leave any sections blank unless instructed to do so.
  • Don't forget to sign and date the application.
  • Don't submit the application without making copies for your records.

By following these guidelines, you can help ensure that your application is processed smoothly and efficiently.

Misconceptions

When it comes to filing for divorce, many people hold misconceptions about the Application For Divorce form. Understanding the truth can help individuals navigate this often challenging process more effectively. Here are ten common misconceptions:

  1. Filing the form guarantees an immediate divorce. Many believe that simply submitting the Application For Divorce will lead to an instant divorce. However, the process often requires additional steps, including a waiting period and possibly court appearances.
  2. Anyone can fill out the form without assistance. While it may seem straightforward, many individuals benefit from guidance. Legal professionals can provide valuable insights and help ensure that all necessary information is included.
  3. All states have the same Application For Divorce form. Divorce laws vary by state, which means that the form used in one state may differ significantly from that in another. It’s crucial to use the correct form for your specific state.
  4. The form is only for uncontested divorces. Some think the Application For Divorce is only for cases where both parties agree. In reality, it can be used in contested divorces as well, though additional documentation may be required.
  5. Filing the form is the only step in the divorce process. Many people assume that submitting the form is the end of the road. In truth, it is just the beginning of a series of legal steps that must be completed.
  6. Once filed, the divorce is final. There is a common belief that once the Application For Divorce is submitted, the divorce is complete. However, a judge must review the case and issue a final decree.
  7. The form can be filed without any supporting documents. Some individuals think they can file the form alone. In many cases, additional documents, such as financial disclosures or custody agreements, are required.
  8. There is no need to serve the other party. Many believe that simply filing the form is enough. However, most jurisdictions require that the other spouse be formally notified of the divorce proceedings.
  9. Children's custody arrangements are automatically included in the form. It is a misconception that the Application For Divorce covers child custody. Custody arrangements usually need to be addressed separately in court.
  10. Filing fees are the same everywhere. Some assume that the cost to file the Application For Divorce is uniform across all locations. In reality, filing fees can vary significantly depending on the jurisdiction.

By dispelling these misconceptions, individuals can approach the divorce process with a clearer understanding of what to expect. Knowledge is a powerful tool during such a significant life change.

Key takeaways

When filling out and using the Application for Divorce form, consider the following key takeaways:

  1. Understand the requirements: Each state has specific requirements for filing a divorce application. Ensure you meet these criteria.
  2. Gather necessary information: Collect all relevant personal information, including full names, addresses, and marriage details.
  3. Be accurate: Fill out the form with precise information. Mistakes can lead to delays or complications in the process.
  4. Check residency rules: Confirm that you or your spouse meets the residency requirements for the state where you are filing.
  5. Complete all sections: Ensure every section of the form is filled out. Incomplete forms may be rejected.
  6. Review before submission: Carefully review the entire application for accuracy and completeness before submitting.
  7. Know your filing fees: Be aware of any filing fees associated with the application and prepare to pay them when submitting.
  8. File in the correct court: Submit your application to the appropriate court that handles divorce cases in your jurisdiction.
  9. Keep copies: Make copies of the completed application for your records. You may need them later in the process.
  10. Follow up: After filing, follow up with the court to confirm that your application has been received and is being processed.