If you've filed a sole application for divorce, your spouse has to be served with the documents before the court can hear it. Here's how that works and what your options are.
Who can serve divorce papers?
You can't serve the documents yourself. Anyone else over 18 can, including a friend or family member, but many people use a professional process server, especially when things aren't amicable. A professional removes the awkward face-to-face moment and gives you a properly sworn affidavit.
How much notice is needed?
Generally, the documents must be served at least 28 days before the hearing if your spouse is in Australia, or 42 days if they're overseas. Leave yourself a buffer, because an unsuccessful first attempt can eat into that time quickly.
Service by post
You can post the documents to your spouse, but that only works if they sign and return an Acknowledgement of Service. If they don't, you'll need to serve them another way, and you may run out of time before the hearing.
Personal service by a process server
A process server hands the documents to your spouse and then swears an affidavit of service, which you file with the Federal Circuit and Family Court of Australia. To help us serve quickly, give us a current photo, home and work addresses, their car details and the times they're usually around.
What if your spouse is avoiding service?
If several attempts fail, the server's affidavits of attempted service can support an application for substituted service or dispensation of service. Your lawyer, or the court's information resources, can guide you on that step.