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How to get a divorce in Australia? You must show that the family law courts in Australia have jurisdiction to order a divorce.
To establish this, one of the following must apply to you:
- You or your partner need to be an Australian citizen; or
- You or your partner need to be ordinarily living in Australia for at least the past 12 months; or
- You or your partner need to regard Australia as your home with the intention of living in Australia indefinitely.
Before you can get a divorce, you must be able to satisfy the court that you and your spouse have been separated for at least 12 months. There must be no reasonable likelihood that you and your spouse will get back together. You will need to provide a copy of your marriage certificate to the Family law Court. If you are married in another country and your marriage certificate is not in English, you will need to have it translated. If you fulfill these requirements, you are then eligible to apply for divorce.
You and your spouse do not have to make the divorce application together. You can make a sole application or a joint application. The divorce application comprises a form to fill out and then lodge with the court. The application should be lodged online via the Commonwealth Courts Portal. Depending on your own circumstances, you may need to file additional documents, such as affidavits, to support your divorce application.If you are making a sole application, you will need to notify your spouse that you have applied for divorce. This is called serving the application for divorce on your spouse. Court attendance may or may not be necessary for you to get a divorce.
The court may grant your divorce, dismiss your application or adjourn the case if they require further information.
When the court grants your divorce, it will become final one month and one day after the court makes the order.
To get in touch with the best divorce lawyer near me, contact our office today.
You may want to know, can I divorce without a lawyer? Yes, you can, but considering it could be the largest emotional and financial process of your life, you would probably be largely assisted by working with an experienced family lawyer.