How Do I Get a Divorce?
The marriage has ended and you wish to formalise it by having a divorce. To get a divorce, you and your spouse must have been separated for at least 12 months, and there is no reasonable likelihood you will get back together.
Eligibility for Getting a Divorce
You can apply for a divorce if you or your spouse:
- Are an Australian citizen, or
- Live in Australia and intend to live in Australia indefinitely, or
- Ordinarily reside in Australia and must have done so for 12 months before applying for divorce
If you do not meet at least one of the above requirements, you are not eligible to file for divorce.
Separation
To get a divorce, you must have been separated for at least 12 months. It is important to mark the date of separation and to ensure that you and the other party agree on that date. If the other party disagrees on the date of separation, you may be required to provide affidavit evidence. This is a formal written statement that presents evidence to a court.
It is possible to be separated and live in the same residence as the other party. However, you will be required to provide additional evidence by filing an affidavit.
Reasonable Likelihood
There must be no reasonable likelihood of you and the other party getting back together.
Considering Children
If you have children who are under the age of 18, it is important to consider, before filing your application, any arrangements including housing, schooling, health, contact with each parent and if no contact, the reason, whether financial support will be provided for the child/ren, if not, the reason.
How to Apply
It is important to decide what type of application you will make as there are key differences between the two. You can apply for a divorce by yourself (sole application) or apply with the other party (joint application).
Sole Application
If you make a sole application, you will be the applicant, and the other party will be the respondent. As the applicant, you are required to sign the application. The respondent does not need to sign. In a sole application, you will be required to serve the application.
Service refers to providing court documents to the other party. The purpose of service is to ensure that all parties are aware that a case has been filed with the court. If you are making a sole application, you must serve the application on the other party.
Joint Application
In a joint application, both parties are joint applicants. There is no requirement to serve documents on the other party.
Where to Apply
You must file your application for divorce online using the Commonwealth Courts Portal.
When to Consider Legal Advice
If you need assistance in completing the application or are unsure about whether you can apply for divorce, it may be best to seek legal advice.
Here at Jay & Co, we specialise in a range of family law matters, including divorce applications.
If you require any assistance in applying for a divorce, do not hesitate to contact us.
