FAQ - Frequently Asked Questions
How Do I Apply For A Divorce
Justice Family Lawyers Sydney
Applying for divorce involves filling out the application for divorce form, either by yourself or with your spouse, and filing the application form with the court.
You must first have been separated from your spouse for a minimum of 12 months.
The application for divorce form can be completed online in the Commonwealth Courts Portal. This is called eFiling your divorce.
The form contains several different parts.
You must fill in all the necessary information about your eligibility to divorce (regarding your citizenship and residence), your dates of marriage and separation, your children (if any) and the current parenting arrangements for them, and a final affirmation that all the information you have provided is true.
There is also space for a lawyer’s declaration, however, if you are representing yourself you do not need to sign this section.
You can file the application for divorce online, by post or in person at a family law registry.
There is a filing fee of $900, although you may be eligible for a reduced filing fee.
If you complete the application by yourself, you must serve the divorce on your spouse, the respondent.
This means formally notifying them that you have filed for divorce.
Your spouse must then sign the Acknowledgement of Service (Divorce) and return it to you. If you and your spouse filed a joint application, service is not necessary.
When the application has been lodged, you must then wait to receive the date of your court hearing. If you made a sole application and have children under 18 years old, attending the court hearing is compulsory.
If you made a joint application, going to the hearing is not compulsory.
The divorce will become final one month and one day after it was granted by the court.
A divorce order, which is your proof of divorce, will be available to download from the Commonwealth Courts Portal.