You must be separated for at least 12 months and one day before you can make an application. You can be living separately or under the same roof as your ex-partner. However, if you resume your relationship during this time for a period of at least three months then the timer starts again.
Importantly make note of the date of separation. There are time limits that apply. However, if you were married less that two years you will need to see a marriage counselor.
Do I need a Lawyer to make the divorce application?
The short answer is No. In Australia it is no fault divorce. One party to the marriage or both parties can make an application. You can commence the application on the Family Court Website. You will need a copy of your marriage certificate. If you were not married in Australia you will need to get a copy from that country to file with your application.
The Family Court link is here: How to apply for divorce
There are Filing Fees that apply $910, or if you qualify for a fee reduction then the filing fees are $305 (Court fees subject to change please check the Court website for current fees).
Go here for information on fee reduction: Guidelines for fee reduction
If you wish for us to help you prepare your application then we can assist you to do most of it yourself, or prepare the application for you.
Contact us for further information.