Family Court of Western Australia

Divorce Cases

Will I have to go to court?

After you have applied for a divorce, your application will be considered by the Court.

Some divorce applications require you to attend a hearing, and others can be dealt with by a Judicial Officer reading your application and supporting documents.

You can choose whether to attend court in your application. However, you are required to attend court if you have children and made a sole application. If you do not attend, the Court may adjourn or dismiss your application.

If you have children and made a joint application, you are not required to attend, but the Court may request further evidence if they are not satisfied your application has sufficient evidence that suitable arrangements have been made for the children.

It is also advisable to attend if you may need to provide additional evidence to explain your circumstances. For example, if

You are required to attend if you have made another application that is being dealt with at the same time as your divorce application. For example, if:

Preparing for the hearing

You should bring all documents with you to court including a copy of your application and service documents.

Where the arrangements for children have substantially changed since you filed your application, you need to file an affidavit with the updated arrangements at least four days before the hearing. You will need to serve the affidavit on the other party.

At the hearing, you or your lawyer must be prepared to inform the court that:

  • you have not resumed cohabitation since filing the application, and
  • the arrangements for the children in your application are still current.

 If you are unable to attend in person, you may wish to apply to request to attend by phone.

Last updated: 16-Apr-2018

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