Most people want to know two things about divorce: how long it will take, and whether they will have to go to court. If you have been separated for at least 12 months and your spouse can be served, a divorce in Melbourne usually takes around 3 months from your first consultation to the day it becomes final.
Here is the timeline we see in practice, and the issue that causes most delays.
Key takeaway: Allow about 3 months from your first meeting with a lawyer to a final divorce. The biggest variable is how easy it is to serve your spouse.
Before you start: are you eligible?
You can apply for a divorce once you have been separated for at least 12 months and there is no reasonable chance of getting back together. You or your spouse must also be an Australian citizen, live in Australia and regard it as home, or have lived here for at least 12 months.
If you have been married for less than 2 years, you need to attend counselling with your spouse, or get the court’s permission, before you apply. If you were separated but lived under the same roof for some of that time, you will need extra evidence. See our divorce lawyers page for more on both.
The divorce timeline, step by step
Week 1: consultation and your information
We meet, confirm you are eligible, and work out whether a joint or sole application suits you. You then give us the information we need: your marriage certificate, separation date, details of any children and your spouse’s contact details.
About 2 weeks: the application is filed
Once we have everything, we prepare and file your application with the Federal Circuit and Family Court of Australia, usually within about 2 weeks.
About 5 weeks later: the court listing date
When the application is filed, the court gives it a listing date, usually about 5 weeks away. In the meantime, your spouse must be served with the application if you are applying on your own. At the listing date, we need to show the court that service was done properly and that everything else is in order.
The divorce order
If everything has been done properly, the court grants the divorce. We do our best to make sure clients rarely have to attend, and where attendance is needed, we can attend for you.
One month and one day later: your divorce is final
The divorce order takes effect one month and one day after it is made. From that date you are officially divorced and free to remarry.
Key takeaway: A joint application is usually faster and simpler, because there is no need to serve your spouse.
Need advice on your situation? Our family lawyers can help with your divorce. Book a consultation to talk it through.
What causes the most delays
By far the most common cause of delay is difficulty serving the other party. In a sole application, your spouse must be served at least 28 days before the listing date, or 42 days if they are overseas. If they cannot be found, or they are avoiding service, the listing date may need to move.
When that happens, we apply to the court for substituted service, which lets the documents be served another way, such as by email or social media, or for an order that service is not required. It can be tricky when a spouse is missing or deliberately avoiding service, but we almost always end up getting the divorce order when we pursue it. There are many ways to satisfy the court that the other party has been served or knows about the application.
In one matter, the other party pretended not to be home whenever the process server called. We applied for substituted service, and the documents were served through Facebook.
Other things that can slow a divorce down
- Missing documents, such as a marriage certificate from overseas that needs a certified translation
- Separation under one roof without enough evidence
- Mistakes in the application that the court sends back
- Arrangements for children under 18 that the court is not satisfied with
Does a divorce settle property and parenting?
No. A divorce only ends the marriage. Property and parenting arrangements are separate, and you have 12 months from the date your divorce takes effect to apply for property orders. It is often worth sorting out property at the same time as the divorce, so that deadline does not catch you out.
As a guide, a divorce application with us costs $2,000 to $4,000 in total, including the court filing fee.
