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When navigating the often challenging waters of divorce, one of the first steps you will encounter is completing the Application for Divorce form. This essential document serves as the formal request to initiate the divorce process and outlines key information about both spouses, including their names, addresses, and the date of marriage. It also details the grounds for divorce, which can vary from irreconcilable differences to specific fault-based reasons, depending on your state’s laws. Additionally, the form may require you to provide information about any children involved, such as custody arrangements and child support considerations. Completing this form accurately is crucial, as it sets the stage for the entire divorce proceedings. Understanding its components can help alleviate some of the stress associated with this life transition and ensure that you are prepared for the next steps in the process.

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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

ƒA sole applicant – complete your column and as much of the other column as you can.

ƒJoint 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:

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

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

 

 

 

 

 

 

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.

BRIEFLY DESCRIBE THE ATTEMPT

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

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:

ƒAny children of you and your spouse born before the marriage or after separation.

ƒChildren adopted by you and your spouse (or either of you with the consent of the other)

ƒAny 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?

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:

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.

Husband

Wife

I swear*/affirm* that:

I swear*/affirm* that:

•

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

/

/
➤ PDF File

Form Specifications

Fact Name Description
Purpose The Application for Divorce form initiates the legal process for terminating a marriage. It outlines the reasons for the divorce and requests the court's intervention.
State-Specific Forms Each state has its own version of the Application for Divorce. It is crucial to use the correct form based on the jurisdiction where the divorce is filed.
Governing Law The laws governing divorce procedures vary by state. For example, in California, the Family Code Sections 2100-2400 outline the relevant statutes.
Filing Requirements Typically, the form must be filed with the local court along with a filing fee. Some states may allow for fee waivers based on financial hardship.
Required Information The form generally requires personal information about both spouses, including names, addresses, and the date of marriage. It may also ask for details about children, if applicable.
Response Time Once filed, the other spouse usually has a specific period to respond to the Application for Divorce. This timeframe varies by state, often ranging from 20 to 30 days.

Application For Divorce: Usage Guidelines

Filling out the Application for Divorce form is an important step in the process of legally ending a marriage. After completing this form, you will be able to file it with the appropriate court, which will then initiate the legal proceedings. Make sure to have all necessary information on hand to ensure a smooth completion.

  1. Begin by entering your full name at the top of the form.
  2. Next, provide your spouse's full name in the designated section.
  3. Fill in your current address, including city, state, and zip code.
  4. Provide your spouse's address, if known. If they do not reside at the same address, indicate this clearly.
  5. Enter the date of your marriage, including the month, day, and year.
  6. Indicate the date of separation, if applicable.
  7. List any children from the marriage, including their names and birth dates.
  8. In the next section, specify the grounds for divorce. Choose the reason that best applies to your situation.
  9. Provide any additional information required, such as property division or spousal support, if relevant.
  10. Sign and date the form at the bottom to certify that all information provided is accurate.

Once you have completed the form, review it carefully for any errors or omissions. After ensuring everything is correct, you can proceed to file the form with the court. Be prepared to pay any required filing fees at that time.

Your Questions, Answered

What is the Application For Divorce form?

The Application For Divorce form is a legal document that initiates the divorce process. It outlines the reasons for the divorce and provides necessary information about both parties involved.

Who needs to fill out the Application For Divorce form?

Either spouse can fill out the Application For Divorce form. The person filing is known as the petitioner, while the other spouse is referred to as the respondent.

What information is required on the form?

The form typically requires personal information, including names, addresses, and marriage details. It may also ask for information regarding children, property, and any requests for spousal support.

How do I obtain the Application For Divorce form?

The form can usually be obtained from the local courthouse, legal aid offices, or online through state government websites. Ensure you are using the correct form for your state.

Is there a fee to file the Application For Divorce?

Yes, there is generally a filing fee associated with submitting the Application For Divorce. The amount varies by state and can sometimes be waived based on financial hardship.

Can I file the Application For Divorce online?

Many states offer online filing options for divorce applications. Check your local court's website to see if this service is available and to understand the process involved.

What happens after I submit the Application For Divorce?

After submission, the court will review the application. If everything is in order, a hearing date may be set. Both parties will be notified of the proceedings.

Can I change the information on the Application For Divorce after filing?

Yes, you can request changes to the information on the form. However, it may require additional paperwork and approval from the court.

Do I need a lawyer to file the Application For Divorce?

While it is not mandatory to have a lawyer, it can be beneficial, especially if there are complex issues involved, such as child custody or significant assets.

How long does the divorce process take after filing the Application For Divorce?

The duration of the divorce process varies based on the complexity of the case and the court's schedule. It can take anywhere from a few months to over a year to finalize a divorce.

Common mistakes

  1. Not providing complete information. Many individuals leave out important details about their marriage, such as the date of marriage and separation. This can lead to delays in processing.

  2. Using incorrect names. Some people may use nicknames or misspell their spouse's name. It is essential to use the full legal names as they appear on official documents.

  3. Failing to check residency requirements. Each state has specific residency requirements for filing for divorce. Not meeting these can result in the application being dismissed.

  4. Ignoring financial disclosures. Some applicants forget to include their financial information, such as income, assets, and debts. This information is crucial for equitable distribution.

  5. Not indicating the reason for divorce. In some states, applicants must provide a reason for the divorce. Omitting this information can lead to complications.

  6. Overlooking signature requirements. Many individuals forget to sign the application or fail to have it notarized when necessary. This can render the application invalid.

  7. Misunderstanding service requirements. After filing, the applicant must serve the divorce papers to the other spouse. Failing to do this correctly can result in delays.

  8. Not keeping copies of submitted documents. It is important to retain copies of all forms submitted. This helps track the process and provides a reference if needed.

Documents used along the form

When filing for divorce, several other forms and documents may be required to support your Application for Divorce. These documents help provide necessary information about the marriage, assets, and any children involved. Below are five common forms often used alongside the Application for Divorce.

  • Financial Disclosure Statement: This document outlines the financial situation of both parties, including income, expenses, assets, and debts. It ensures transparency and helps in determining issues like alimony and division of property.
  • Child Custody Agreement: If children are involved, this document details the custody arrangements, visitation rights, and parenting responsibilities. It is crucial for ensuring the well-being of the children post-divorce.
  • Property Settlement Agreement: This agreement specifies how marital property and debts will be divided between the spouses. It can cover real estate, bank accounts, and personal belongings.
  • Summons: A summons is a legal document that notifies the other spouse of the divorce proceedings. It provides information on how long they have to respond to the Application for Divorce.
  • Notice of Hearing: This document informs both parties of the scheduled court hearing date. It is essential for ensuring that both spouses have the opportunity to present their case.

These documents play a significant role in the divorce process. Ensuring that they are completed accurately and submitted on time can help facilitate a smoother resolution to the divorce proceedings.

Similar forms

The Application for Divorce form is an essential document in the process of legally ending a marriage. Several other documents share similarities with this form, as they also relate to family law and the dissolution of relationships. Below are six documents that are comparable to the Application for Divorce form, along with explanations of their similarities:

  • Petition for Dissolution of Marriage: This document initiates the divorce process, similar to the Application for Divorce. It outlines the reasons for the divorce and requests the court to dissolve the marriage.
  • Response to Petition: When one spouse files a petition, the other may respond with this document. It is similar to the Application for Divorce in that it addresses the terms of the divorce and can include counterclaims or agreements.
  • Separation Agreement: This document outlines the terms of separation between spouses. Like the Application for Divorce, it addresses issues such as property division, child custody, and support, providing a framework for the divorce settlement.
  • Child Custody Agreement: If children are involved, this document specifies custody arrangements. It is similar to the Application for Divorce as it seeks to establish terms that will be presented to the court for approval during the divorce proceedings.
  • Financial Disclosure Statement: This form provides a detailed account of each spouse's financial situation. It is akin to the Application for Divorce because it helps the court understand the financial aspects that need to be resolved during the divorce.
  • Final Judgment of Divorce: This is the court's official decree that ends the marriage. It is similar to the Application for Divorce in that it formalizes the divorce process, outlining the terms agreed upon or decided by the court.

Each of these documents plays a vital role in the divorce process, ensuring that all aspects of the dissolution are addressed and that the rights of both parties are considered.

Dos and Don'ts

When filling out the Application For Divorce form, it’s crucial to approach the process with care. Here’s a list of things you should and shouldn’t do:

  • Do read the instructions carefully before starting.
  • Do provide accurate and complete information.
  • Do double-check for any errors or omissions.
  • Do keep a copy of the completed form for your records.
  • Do file the form with the appropriate court.
  • Don't rush through the form; take your time.
  • Don't leave any sections blank unless instructed.
  • Don't forget to sign and date the form.
  • Don't submit the form without understanding the next steps.

Misconceptions

When it comes to the Application for Divorce form, many people hold misconceptions that can lead to confusion. Here are four common misunderstandings:

  1. Filing the form guarantees a quick divorce.

    Many believe that simply submitting the Application for Divorce will result in an immediate divorce. In reality, the process can take time, depending on various factors such as court schedules and whether both parties agree on the terms.

  2. Only one spouse needs to sign the form.

    Some think that only the person initiating the divorce needs to sign the application. However, both spouses must be informed and involved in the process, especially if there are disputes over assets or custody.

  3. The form is the same in every state.

    People often assume that the Application for Divorce is a standardized form across the country. Each state has its own requirements and forms, so it's crucial to use the correct one for your jurisdiction.

  4. Legal representation is unnecessary.

    There is a belief that individuals can easily navigate the divorce process without a lawyer. While it is possible to file the application on your own, having legal representation can help ensure that your rights are protected and that the process goes smoothly.

Key takeaways

When filling out and using the Application For Divorce form, there are several important points to keep in mind.

  • Ensure that all personal information is accurate and up-to-date. This includes names, addresses, and contact details.
  • Be clear about the grounds for divorce. Different states may have specific requirements, so understanding these is crucial.
  • Double-check for any required signatures. Missing a signature can delay the processing of your application.
  • Keep copies of all submitted documents. This helps in tracking the progress of your application and provides a record for future reference.

By following these guidelines, the process can be smoother and more efficient.