You can make an Application for Divorce 12 months after the date of separation.  

The date of separation is defined as the date when one party expresses to the other party that they no longer wish to be in a relationship. The separation date does not need to be formally recorded and it is possible to be “separated” whilst living together under the one roof.  However, if your Divorce Application relies on a period of separation under the one roof, you will need to provide further evidence to the Court to substantiate that you are in fact separated.

An Application for Divorce can be made solely, or jointly with the other party.  Both types of Application are filed online.

Once you file the (joint or sole) Application with the Court, it will be listed for a Divorce Hearing in approximately 3 to 4 months’ time. 

If a party files a sole Application (“the Applicant”), they will need to prove to the Court that they have properly served that Application on the other party (“the Respondent”).  There are specific rules about service which will need to be complied with.

If a joint Application for Divorce is filed, neither party needs to be served with the Application and neither party needs to attend the Divorce Hearing.  If  one party files a sole Application and there are children under the age of 18, the Applicant (or their solicitor) will need to attend the Divorce Hearing to satisfy the Court that there are suitable arrangements for the children.

The Court charges a filing fee when filing the Application for Divorce. This varies from year to year. If the parties are signing a joint Application for Divorce, they may be prepared to meet the costs equally.

The team at Coote Family Lawyers are recognised as being the best divorce lawyers in Melbourne.  Should you require any advice or assistance with filing an Application for Divorce, please contact us on 03 9804 0035.

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