How Long Does Divorce Take After Filing Papers

Justice Family Lawyers Sydney

Filing divorce papers is done after you and your spouse have been separated for at least one year. The length of time you can expect to wait until your divorce is finalised after lodging the application is usually about four months.

However, there are different factors that may make your divorce process last a little longer. Once you have filed for divorce with the court, you will receive a sealed copy back that shows the date of your court hearing.

Changing the date of the court hearing will delay the finalisation of your divorce considerably, so it is important to keep this date free. The court generally notifies you of the date far enough in advance.

During the court hearing, if everything is in order, the court will grant your divorce on the day. The divorce becomes final one month and one day after the date was granted. You will receive a divorce order (formerly known as a certificate of divorce) and will be able to remarry.

Remarrying before the divorce is final is an offence. After filing papers, factors that may delay the divorce include service, insufficient evidence or documents, or the court not being satisfied with arrangements made for children. When seeking a divorce, you must be able to satisfy the court that appropriate arrangements have been made for the care of any children of the marriage. If necessary, you may also seek parenting orders separately from the divorce order.

Depending on your circumstances, you may need to supply the court with certain documents and affidavits. For example, if you and your spouse were living separately and apart while still in the same house, you will need to write an affidavit declaring that you were nevertheless separated for at least 12 months.

However, if everything in your application is satisfactory, you can expect the divorce to be finalised about four months after filing the divorce papers.

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