MDV Family Lawyers provide you with some helpful tips to getting a divorce
You must prove to the court that your marriage with your former partner has irretrievably broken down and that there is no reasonable likelihood that you and your former partner will get back together.
You must be an Australian citizen, have lived in Australia and have done so for 12 months prior to filing for a divorce and regard Australia as your home and intend to live indefinitely in Australia.
You need to have lived separately and apart for at least twelve months. There are some exceptions however.
You generally must try marriage counselling if you have been married for less than two years before you apply.
How do I apply for a divorce?
You can make a sole application (an application on your own) or a joint application, if you and your former partner agree to make an application together.
You will need to complete an Application for Divorce, sign the application in front of a JP or lawyer and file your application and supporting documents with the court. You will need to pay a filing fee that is approximately $845.00. This amount is subject to change.
Once your application has been filed you will need to serve your application on the other party. If you are unable to locate the other party to serve them, then you should seek legal advice in relation to seeking an order to dispense with service or an order for substituted service.
You may be then required to attend the divorce hearing depending on your circumstances. If the divorce is granted, then you will receive a Divorce Order which becomes absolute or effective in one month and one day from the divorce hearing.
Important things to remember before and after you apply for a divorce