Step 1 – call your Divorce Lawyer!

Step 2 – if you can’t do the above that is perfectly ok, we encourage you to read on.

There are a number of steps and requirements for obtaining a Divorce which can vary slightly depending on your circumstances. The good news is family law provisions have changed a lot over the years making the divorce process as easy and pain-free as possible. For example, the no-fault divorce principle means courts are not interested in reasons behind why you are divorcing.

Firstly, you must be separated for a period of 12 months and 1 day or more and that there is no likelihood of getting back together. If you have been living under the same roof whilst separated, a court will require proof that you were in fact separated before you are granted a divorce. If you get back together during this period of three months or more the 12 months starts again.

Secondly, you need to have been married for two years or more before you can apply for a divorce.  If your marriage has been less then courts require you to attend counselling/mediation. You can apply to not do counselling/ mediation under certain circumstances for example if there is a history of violence or you fear meeting your spouse, or other circumstances.

You can apply for a divorce with or without your Spouse.


There is a further requirement that either you or your Spouse must

–          Intend on living in Australia indefinitely or regard it as your home country OR

–          Be an Australian Citizen Or

–          Have been living in Australia for 12 months or more immediately before filing for divorce

You can apply for a divorce with or without your Spouse. Applying without your Spouse requires you to make reasonable attempts to contact them and serve the documents on them as well. If your Spouse cannot be located, the court will require evidence of these attempts and can then grant the divorce in their absence.

You generally do not have to attend court unless there are children aged under 18 involved or if your spouse has opposed the divorce. If you are not required to attend court, the Judgement (the divorce) is sent to you in the mail.

Once a court grants your divorce it usually is deemed to have taken place one month and one day from the court date. Make sure any plans to remarry happen after this period as you don’t want to be up for bigamy charges.

Want to talk divorce with us?  We have been Divorce Lawyers for over 27 years and have the experience you need and results you want.  Contact us today for a confidential and complimentary discussion on 02 8052 3322 or

Written by Jeremy Maspero