What You Need to Know Before Filing a Divorce

Conflict between man and woman sitting on either side of a wall

As someone considering a divorce, it’s vital to understand that the process comes with numerous legal procedures. There are requirements you need to meet, documents you have to file, and questions you have to answer in front of a judge.

Just the thought of filing for a divorce is already physically and mentally exhausting, so it’s in your — and your children’s — best interest to have a legal professional guide you through the process. Divorce lawyers in Townsville can give you the professional assistance you need to make the procedure less complicated.

First must-meet requirement: A year-long separation

Before the courts will even recognise your right to a divorce, it’s necessary that you and your spouse have been separated for at least 12 months. In addition, either one or both of you consider yourselves as Australian citizens, and that you have intentions of living indefinitely in the country. You may also file for a divorce as long as one of you is a citizen by birth or descent, or have a citizenship grant.

If despite the separation, you and your spouse continued to live in the same house, the court may require you to satisfy additional requirements. The same goes true for couples married for not more than two years.

Completing the mandatory Application for Divorce

All divorce proceedings start with the completion and filing of an Application for Divorce form. You can complete this on your own, although you’ll find it useful to have a divorce lawyer assist you as you do. Note that you’d have to pay a Court filing fee for filing the Application. Before you send it, make sure you and your legal counsel go over everything first to ensure you’ve addressed everything in the form.

Know that these are just the first steps to take before the divorce proceedings start. There’s more you have to face and deal with after filing, so get all the help you can to make the process simpler and easier to cope with.

About Faye Gonzales 1658 Articles
Meet our chief explorer, Faye Gonzales. With over a decade of travel experience, Faye is not only a passionate globetrotter but also a loving mom who understands the unique needs of family travelers. Her insights into family-friendly destinations and travel tips make her a trusted guide for parents seeking memorable adventures with their children.