Joplin Lawyers are your experienced Divorce Lawyers. We can assist you with applying for a divorce through filing an Application for Divorce.
In order to apply for an Application for Divorce, you or your spouse need to meet the following criteria:
- You have separated from your spouse for at least twelve (12) months and the likeliness of resuming marriage is non existent; and
- You are an Australian citizen or you have lived in Australia for the last twelve (12) months and consider Australia as your home and intend to live in Australia indefinitely.
In Australia, the Court does not consider why the marriage has broken down. The only consideration is that there is no prospect of reconciliation.
How to File for Divorce
A divorce application can be made in two (2) ways, a sole application or a joint application. Our Divorce Lawyers can assist you with either of these applications. A sole application can be made without the consent of your spouse.
The process for an application for divorce is as follows:
- Meet with our divorce lawyers and provide all information and documents such as your marriage certificate and identification.
- Our divorce lawyers will draft the Application for Divorce and any other relevant documents and you will sign these documents and we will file the Application for Divorce with the Court. The current filing fee for an Application for Divorce is $1,290 or reduced fee of $430 in special circumstances.
- Once the Application for Divorce has been filed with the Court, the Application for Divorce (Sole) will need to be served on your former spouse.
- Our divorce lawyers will attend Court on your behalf to ensure that your Application for Divorce is granted.
- Once your divorce is granted, it become effective from one (1) month and one (1) day afterwards.