We understand that applying for a divorce can be stressful and time-consuming. Yarra Family Lawyers can take this stress on for you and save you precious time. We have the skills and resources needed to streamline your application for a divorce and make it as easy and pain-free as possible.
Commonly asked questions
When can I apply for a Divorce?
You can apply for a divorce after you and your spouse have been separated for at least 12 months. You do not need to have been living separately for 12 months before you can apply for a divorce.
If, for a period of the 12 months immediately following separation, you were living under the one roof, you will need to file an additional affidavit with your application for a divorce explaining the circumstances of your separation under the one roof.
If you are thinking of separating, it is important that you take note of the date that you consider the marriage to have broken down irretrievably as this date will be important in your application for a divorce.
If you have been married for less than two years prior to wishing to apply for divorce, there are additional documents that you need to file in support of your application.
To read more about applying for divorce when the duration of marriage was less than two years, follow the link below to the Federal Circuit and Family Court of Australia’s website:
https://www.fcfcoa.gov.au/fl/pubs/married-less-2years
Who makes the application for a divorce?
You can apply for divorce solely or you can apply for a divorce jointly with your spouse.
If you apply for divorce solely, your spouse needs to be personally served with the filed application for a divorce and Yarra Family Lawyers can help you with this.
What if I cannot locate my spouse to personally serve them?
If you cannot locate your spouse to personally serve them, you will need to apply to the Court for an order dispensing with the requirement to personally serve your spouse.
How long does an application for divorce take to be finalised?
In a simple application for a divorce, once the application has been filed, you will be allocated a date where your application will be heard by a Registrar of the Federal Circuit and Family Court of Australia. This date will normally be within 8 weeks of the date of filing your application for a divorce.
Once your application for a divorce has been heard by a Registrar of the Federal Circuit and Family Court of Australia, the divorce order will be final after 30 days from the date of the court hearing.
We offer fixed fee packages for divorce applications. Contact us today for expert advice at an affordable price