Frequently Asked Questions
Yes, you can file the divorce on your own by filing our Solo Application.
Yes, the divorce should be filed where you or spouse reside. If anyone of you both has lived in this state, you can file your divorce here.
Yes, you can make unlimited changes to your forms without any added cost.
An uncontested divorce is a decree of divorce wherein both the partners agree to part ways under mutual consent. The spouses must agree to all terms including division of assets, child custody, child support and alimony.
A contested divorce is a divorce wherein one partner agrees for divorce and the other partner disagrees for the same. Whether it’s one or all issues, if you disagree on anything, it is considered a ‘contested’ divorce by the court.
A no-fault divorce is a type of divorce in which the spouse filing the divorce does not have to prove any fault on the part of the other spouse. The divorce can be filed based on the reason of ‘irreconcilable differences.’
Irreconcilable differences means that an individual and their spouse cannot get along with one another enough to keep the marriage alive, and the marriage cannot be saved.
You can remarry or enter into a new civil union s soon as the dissolution order takes effect. It usually takes effect one month after the order is made.
Yes, only if you have tried all the measures to save your marriage but still the differences persist between you and your spouse, and there is an irreconcilable breakdown of your relationship.
Yes, both husband and wife can file together through a joint application provided by us.
Kindly follow the instructions we have provided on our website.
Yes, you can apply.
You are eligible to proceed with the application if either you or your spouse are an Australian citizen or resident or have lived here for 12 months before submitting your divorce documents before court. Your Australian citizenship documents must be supplied with a certified copy.
The separation period required is one year. It also includes, you can be separated under one roof on the condition you are not living as husband and wife.
In this case, you need to attend counselling and obtain a ‘counselling certificate.’ If you do not attend counselling with your spouse, you need Court’s permission to apply for divorce. This can be done by filling an affidavit with your divorce application.
It usually takes one month to finalise your divorce. The timeframe may be extended if the divorce orders are not made at the first hearing date and an adjournment is sought.
The fees for filing divorce in Court is $940. If you receive Centrelink Benefits the fee is reduced to $310.00.
No, the court fees are charged separately as they are fees payable to the Court.
After receiving all required documentation and our fees, we will aim to finalise your divorce application within 48 hours. Service will be effected after the documents are returned from the court.
Yes, this is called substituted service. You will be required to complete further forms and an Affidavit which is an additional cost if you require Divorced Online to complete this additional service.
Yes, you can. However, it is recommended to have professional help before filing the divorce in court and paying court fees of $940.00, as there are many legal terminologies that may be misunderstood or misinterpreted.
Yes, we will collect some additional information about your children, so that we can fill up their details in the form as per court requirements.
Irreconcilable difference is the only ground for legally dissolving a marriage or civil union. This means your relationship has broken down and cannot be together anymore. To prove this you need to be separated for at least one year. However, the separation can be under one roof if both o you separate but continue to live in the same home.
No, except for our service fee, we do not charge anything else. Note that you have to pay the required court and service fee separately.
We complete your divorce application to the highest professional standard in order to ensure you do not have any issues in the Family Court.