Are There Extra Costs If My Spouse Doesn’t Agree To The Divorce?






Are There Extra Costs If My Spouse Doesn’t Agree to the Divorce?


Are There Extra Costs If My Spouse Doesn’t Agree to the Divorce?

First-person, fun introduction:

I remember once sitting with a friend who whispered across her coffee cup, “Okay… so if my spouse doesn’t agree to the divorce, does it suddenly become like one of those dramatic courtroom movies? Do I have to pay thousands? Will there be objections? A trial? A judge banging their gavel yelling ‘Order!’?” I almost choked on my muffin.

The truth? Divorce in Victoria is rarely dramatic — even when one spouse doesn’t agree. But yes, there can be extra costs, delays, and procedural steps that make things a little trickier (and sometimes more expensive) than a smooth, cooperative divorce.

If you’re wondering what extra expenses might pop up when your spouse is uncooperative, avoiding paperwork, or simply refusing to “agree,” this guide will walk you through everything. And don’t worry — the law in Victoria protects your right to get divorced even if the other person isn’t on board.

Table of Contents

  1. Do You Even Need Your Spouse’s Agreement?
  2. Does Opposition Change the Divorce Fee?
  3. When Extra Costs Actually Arise
  4. Cost of Serving the Divorce Papers
  5. Costs for Substituted Service or Dispensation of Service
  6. Costs for Filing Affidavits
  7. Legal Fees When a Spouse Opposes
  8. Court Hearing Costs
  9. Costs If There Are Children Under 18
  10. Costs for Delays Caused by an Uncooperative Spouse
  11. Can the Court Make Your Spouse Pay the Extra Costs?
  12. Does Domestic Violence Affect Costs?
  13. Do Cheating or Misconduct Increase Costs?
  14. Property Settlement Costs Are Separate
  15. How to Minimise Costs if Your Spouse Is Difficult
  16. Final Thoughts

1. Do You Even Need Your Spouse’s Agreement?

Here’s the first myth we need to destroy:

You do not need your spouse’s consent to get divorced in Victoria.

Australia has a no-fault divorce system. This means:

  • You can apply alone (sole application).
  • Your spouse does not need to approve it.
  • Your spouse cannot stop the divorce unless very specific legal criteria aren’t met.

They may not agree emotionally, but legally, they can’t prevent it.

However — their refusal to cooperate can lead to extra steps, which may lead to extra costs.

2. Does Opposition Change the Divorce Fee?

No.

The standard filing fee for a divorce in Australia is:

  • The regular divorce application fee (or a reduced fee if eligible)

Your spouse’s refusal does not change the filing fee.

You pay the same amount whether your divorce is smooth or messy.

3. When Extra Costs Actually Arise

The extra costs only kick in when your spouse:

  • refuses to participate
  • tries to avoid being served
  • cannot be located
  • files an opposition to the divorce
  • creates delays

These situations are manageable but can add costs such as:

  • service fees
  • affidavits
  • lawyer fees
  • court applications

Let’s go through these in detail.

4. Cost of Serving the Divorce Papers

If you make a sole application, you must serve your spouse with the divorce documents.

If they refuse to cooperate — for example, they won’t answer the door, won’t reply, or avoid contact — you may need to hire a process server.

Typical Costs:

  • $80–$250 depending on location
  • Extra for rural or hard-to-reach areas
  • Extra for repeated attempts if they try to avoid service

This is usually the first unexpected cost people encounter.

5. Costs for Substituted Service or Dispensation of Service

If your spouse is avoiding service or you can’t find them, you may need to apply to the Court for:

  • Substituted Service (serving someone else, emailing, or messaging)
  • Dispensation of Service (permission to skip service entirely)

Possible Costs:

  • Legal fees for preparing the application
  • Affidavits explaining your attempts
  • Possible additional court filing fee

These applications take extra time and effort, which often means extra expense.

6. Costs for Filing Affidavits

If your spouse is uncooperative, you may need to file affidavits, such as:

  • An affidavit of service
  • An affidavit of non-service
  • An affidavit from someone else confirming the situation

If your divorce includes separation under one roof, you may need additional affidavits as well.

Costs May Include:

  • Lawyer preparation fees
  • Commissioning or notarisation fees
  • Time spent drafting or revising the affidavit

7. Legal Fees When a Spouse Opposes

If your spouse formally “opposes” the divorce, they must file a Response to Divorce.

You may then need to:

  • Attend the hearing
  • Respond to their claims
  • Prepare arguments

Potential Costs:

  • Lawyer representation at the divorce hearing
  • Reviewing and responding to the spouse’s claims
  • Preparing additional evidence

Most oppositions are not successful because the grounds are very limited, but they can still create extra work.

8. Court Hearing Costs

If you applied solely and have children under 18, you must attend a court hearing.

If your spouse refuses to cooperate, this hearing might involve:

  • additional evidence
  • clarifying issues with the judge
  • explaining any disputes

If you hire a lawyer to attend with you, this adds cost.

9. Costs If There Are Children Under 18

The divorce application asks for details about:

  • who the children live with
  • education
  • health
  • financial arrangements

If the other parent refuses to contribute information or disputes what you include, you may need:

  • extra affidavits
  • legal advice
  • a longer hearing

All of these may increase costs.

10. Costs for Delays Caused by an Uncooperative Spouse

Delays may mean:

  • more lawyer time
  • extra service attempts
  • rescheduled hearings
  • additional letters or follow-up

Lawyers typically charge per hour, so delays can become expensive over time.

11. Can the Court Make Your Spouse Pay the Extra Costs?

Yes — in some cases.

If your spouse behaves unreasonably, the Court may order them to contribute to or pay your costs.

Examples:

  • they filed an opposition without valid legal grounds
  • they caused unnecessary delays
  • they acted in bad faith
  • they refused service intentionally

This remedy isn’t guaranteed, but it is available.

12. Does Domestic Violence Affect Costs?

If family violence is involved, you may need to:

  • hire a process server instead of serving them yourself
  • prepare more evidence
  • attend hearings
  • seek legal protection

This may increase costs — but family violence orders or intervention orders often help simplify certain parts of the process, such as proving separation.

13. Do Cheating or Misconduct Increase Costs?

No.

Remember — Australia has a no-fault divorce system.

Cheating, lying, gambling, addictions, or other behaviour may affect:

  • parenting orders
  • property settlement
  • spousal maintenance

But these behaviours do not increase the cost of divorce itself.

14. Property Settlement Costs Are Separate

Many people confuse divorce and property settlement.

Property settlement is separate and has its own costs.

Whether your spouse agrees to divorce does not affect property division.

You have 12 months after the divorce is final to start property settlement proceedings.

15. How to Minimise Costs if Your Spouse Is Difficult

Here are ways to keep costs low:

1. Apply for a Fee Reduction (If Eligible)

If you receive certain government benefits or have financial hardship, you may qualify for a reduced filing fee.

2. Use a Professional Process Server

They are efficient and reduce the chance of errors or delays.

3. Keep Communication Civil and Documented

Unnecessary hostility leads to unnecessary legal costs.

4. Get Legal Advice Early

It’s usually cheaper to get advice at the start than fix mistakes later.

5. Avoid Emotional Arguments

The legal process focuses on facts, not feelings. Keeping the process calm keeps the cost down.

6. Keep Your Documents Organised

This saves your lawyer time, which saves you money.

Final Thoughts

So, are there extra costs if your spouse doesn’t agree to the divorce? The short answer is: yes, potentially — but not always.

The divorce filing fee stays the same. But if your spouse refuses to participate, delays the process, avoids service, or files unnecessary opposition, you may face additional expenses for things like:

  • serving papers
  • legal representation
  • affidavits
  • court hearings
  • applications for substituted or dispensed service

Most of these costs relate to extra steps required when one person is uncooperative — not because the law forces you to fight.

If you want clear guidance tailored to your situation, especially if you’re dealing with an uncooperative or hostile spouse, I highly recommend reaching out to Call a Family Lawyer. They can help you manage the process smoothly, minimise costs, and handle any legal complications along the way.