I have had a terrible separation and don’t really want to see my ex-husband again in court. Is it necessary to go to a divorce hearing?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Bronte 2024 NSW
- If you do not want to attend court then you need to request your case be heard in your absence. The court may dismiss your application if you have not requested this and you are absent from the hearing.
- There are some cases where you must attend court:
- if it is a sole application for divorce and you have children under the age of 18 years;
- if you filed a response to your ex partners application for divorce; or
- if your ex-partner has filed a response to your application for divorce.
- If you do not have a lawyer there is a lot of information contained in the divorce kit that can assist you about the steps you need to take. There are also registry staff at the court who can assist you with information about your case once it is listed at the court.