How To Apply For Divorce
When starting a new relationship, we are unlikely to think about a future filled with uncertainty or contemplate the possibility of it all falling apart. The thought of divorce simply isn’t front of mind. Instead, we begin our journey with optimism. Regrettably, circumstances can change and lead to the need for divorce.
It is important to note that the divorce process can be complex and vary depending on jurisdiction and individual circumstances. Consulting with local family law solicitors or seeking legal advice specific to your situation can provide you with guidance tailored to your needs.
What Are The Main Steps Involved In Applying For Divorce In Queensland?
The Federal Circuit and Family Court of Australia holds the authority to handle the dissolution of marriage, commonly referred to as divorce, as outlined in Part VI of the Family Law Act 1975.
If you are an Australian citizen, have been married for at least 2 years and separated from your spouse for 12 months, the primary steps involved in the divorce application process in Queensland are:
- Familiarise yourself with divorce laws
- Determine eligibility
- Obtain necessary forms
- Complete the application
- Gather supporting documentation
- File the application
TIP: See the flowchart How to Apply for Divorce, which includes checklists of key documents you may need to file in support of your application and helpful links to other resources that may assist. Applications for divorce should be e-Filed online using the Commonwealth Courts Portal. This allows you, within the Court’s secure website, to access your court file, the ability to eFile and provides round-the-clock availability to court orders.
- File the application
- Serve divorce papers (only required if you filed a sole application)
- Respond to any documents filed by the other spouse and meet any deadlines
- Attend any necessary court hearings. This is only required if:
- you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing
you have indicated that you wish to attend in the application - either party has objected to the divorce being heard in the absence of the parties, or
- the respondent files a Response to divorce opposing the application.
- you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing
- Finalise the divorce
Once all the necessary steps have been completed, including a further one-month period after the hearing, your divorce will be finalised. The court will issue a divorce order, officially ending your marriage.
You have the option to prepare your own divorce application or seek the assistance of a family law solicitor to complete it on your behalf. Need help? Book an appointment with our team here.
Is Quick Divorce Possible?
In Australia, obtaining a quick divorce is not allowed. Couples are required to undergo a separation period of 12 months before being eligible to file for divorce. It’s important to note that if a reconciliation attempt occurs within this period and lasts for three months, the 12-month separation period restarts. From the initial application to the finalisation of the divorce, the entire process typically takes around three to four months.
What Happens If We Had A Short Marriage?
If the duration of your marriage is less than two years, certain additional requirements come into play. It is mandatory to attend counselling sessions and obtain a certificate from the counsellor. However, if attending counselling is not feasible, you must submit an affidavit explaining the reasons for the inability. Once these specific requirements are addressed, the standard divorce procedures apply. There must be a good reason if you are applying before the two year mark for the Court to consider and grant your divorce. Sometimes, it is easier to simply wait out the two year period. To arrange an affidavit or have a conversation about your personal circumstances, book an appointment with our team of divorce and family law specialists here.
Navigating the process of a divorce application in Queensland requires careful attention to the legal requirements and procedures. By following the main steps, including the 12-month separation period and attending counselling if applicable, individuals can initiate their divorce application. Seeking guidance from one of our expert family lawyers is highly recommended. If you have any questions about your divorce application, contact Life Law Solutions to book an appointment today.
