How to Obtain a Divorce After Being Legally Separated for 6 Years in Australia?

Question from Sarah, How to Obtain a Divorce After Being Legally Separated for 6 Years in Australia?

Answer from AI:

In Australia, the process of obtaining a divorce after a long period of separation involves several steps. It’s important to note that this information is general in nature and may not apply to all situations. For personalized advice, it’s recommended to consult with a legal professional.

Eligibility for Divorce

Firstly, you need to meet certain eligibility criteria to apply for a divorce in Australia. According to the Family Court of Australia, you must:

• Be an Australian citizen or live in Australia and regard it as your permanent home, or
• Ordinarily live in Australia and have done so for at least 12 months before the divorce application.

Proof of Separation

You must also be able to prove that you and your spouse have been separated for at least 12 months and there is no likelihood of resuming married life. It’s possible to live together in the same home and still be separated.

Application Process

The process of applying for a divorce generally involves the following steps:

1. Prepare an Application for Divorce: You can apply for a divorce by yourself (sole application) or together with your spouse (joint application).
2. File the Application: You can file the application online through the Commonwealth Courts Portal. You’ll need to pay a filing fee, though you might be eligible for a reduced fee in certain circumstances.
3. Serve the Application: If you filed a sole application, you must serve a copy of the application on your spouse.
4. Attend the Hearing: If you made a sole application and there is a child of the marriage under 18 years, you must attend the court hearing unless circumstances prevent you from doing so.
5. Obtain a Divorce Order: If the court is satisfied that the requirements for divorce have been met, the divorce will be granted and will become final one month and one day later.

Legal Advice

While it’s possible to apply for a divorce without legal representation, it’s often beneficial to seek legal advice, especially if there are complex issues involved such as property settlement or child custody. Legal professionals can provide guidance tailored to your specific circumstances.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.