Getting a Divorce? A Step By Step Guide.
People often put off getting advice about Divorce, thinking that it is a long and…
How to apply for a divorce
Once you have been officially separated for a year, you can initiate a divorce through the family courts. Our lawyers in Townsville will help you with divorce, including expenses and time limits, so you can make informed choices.
We understand that navigating through a separation or a divorce can be challenging. To help ease the burden, our divorce family lawyers have compiled an overview of the steps you must take to apply for a divorce.
Divorce steps
The procedure for applying for a divorce is straightforward and is outlined below:
- Fill out the Application for Divorce, which can be found online via the Commonwealth Courts Portal.
- Make sure you have copies of your marriage certificate and any existing orders (including parenting, property, or domestic violence orders) on hand while completing the application online.
After the Application has been completed, print and sign the Affidavit for eFiling Application (Divorce) in the presence of a qualified witness, such as a lawyer. - Upload the Affidavit for eFiling Application (Divorce) to the Commonwealth Courts Portal and submit the Application. Note that there is a court filing fee (a discounted fee is available for those with a qualifying concession card).If you have submitted a sole application, you are required to serve the application on your spouse. This service must comply with court regulations. A lawyer can assist you in this process. Attend the Divorce Hearing (if necessary).
- The Divorce Order is available to download from the Commonwealth Courts Portal, one month and one day after the Hearing. If you and your spouse have been separated for 12 months, but still reside in the family home together, you can still file for a divorce. In these circumstances, we recommend you get expert legal advice.
An Application for Divorce does not finalise your financial relationship with your spouse or formalise arrangements for your children. Family law matters such as child support and custody require separate agreements or court orders.
Once a Divorce Order is made, you have 12 months to finalise your property settlement with your former spouse.
After 12 months, you won’t be able to make a property settlement in court, unless there are exceptional circumstances.
If you need help navigating divorce law in Townsville, our team of expert lawyers can help you through the process. Schedule an initial consultation to learn about your options.
Fixed Fee Options Available
Call us now for an over-the-phone or face-to-face consultation
Fixed Fee Divorce Applications
Townsville Lawyers can obtain your divorce order for a fixed fee. This may be of interest to you if:
- You want a divorce order.
- You don’t want the hassle or stress of preparing the divorce application and any supporting material yourself.
- You don’t want to pay expensive legal fees.
- You want to ensure your application is prepared, lodged and served correctly to avoid delays in receiving your divorce order.
- You don’t want to deal directly with your former partner.
If you have any questions relating to a family law issue or court proceedings, contact us. At your initial consultation with one of our divorce lawyers in Townsville, we will discuss your options and then provide you with a fixed fee quote.
Frequently Asked Questions
Can I get a divorce without my ex signing?
If you and your spouse have been separated for a year or longer, the court can grant you a divorce. You do not need your spouse’s agreement or signature. They can only reject the divorce if you have not been separated for 12 months or in cases where there is no court jurisdiction.
To reject the divorce, they must provide documents to the court. Additionally, they must attend a hearing where they can explain their reasons for not wanting the divorce.
Can I remarry immediately after a divorce?
Once your divorce is finalised, it may take a month before it becomes legally effective. This means it is not possible to get married again straight away. Doing so would be considered bigamy.
What if I was married overseas?
Although the criteria for qualifying for divorce may seem quite simple, there are a few aspects that can be complicated:
- If your spouse is abroad, they must be served at least 42 days before the court hearing.
- If you cannot serve them, you will need to follow additional steps.
- If your marriage certificate is not in English, it must be translated and certified as an accurate translation.
If you need to discuss your circumstances with our divorce lawyers, please don’t hesitate to get in touch.
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