Can you be taken back to court after a divorce is final?
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Can you be taken back to court after a divorce is final?
The court will consider reopening a divorce settlement only in exceptional cases either where a spouse has failed to provide full and frank disclosure about their wealth and income in divorce proceedings or there has been a material change in a spouse’s circumstances since the agreement was reached.
How do I reopen a dismissed divorce case?
If they are dismissed without prejudice, then you are free to re-file. You should show your voluntary dismissal documents to your divorce attorney to see how your dismissal was processed. In any motion that is re-filed you must meet the statutory requirements of your motion.
How much time it takes for mutual divorce?
It generally takes around 4 months from the court receiving your application to granting the divorce order. Until your divorce order is processed, and you receive a sealed copy, you cannot remarry in Australia.
What happens when one party refuses divorce?
The Court can grant a divorce order, even if the spouse refuses to sign any documents. If the responding spouse does not attend the hearing, the Court may finalise the divorce application in their absence. Otherwise, the spouse may ask the Court to appear by telephone.