You can apply for a divorce in Australia if either you or your spouse:
• regard Australia as your home and intend to live in Australia indefinitely, or
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
To apply for a divorce, you must complete an Application for Divorce and file it with the Court and pay the application fee. You may be eligible to a reduced fee.
If you apply for a divorce together with your spouse, it is a joint application and you and your spouse are joint applicants.
If you apply for a divorce by yourself, you are a sole applicant and your spouse is the respondent.
You may prepare your own divorce application or ask a lawyer to do it for you.
If you need assistance with this area of law, come and see Best Wilson Buckley Family Law, Divorce Solicitors in Toowoomba for more information.
The information contained herein is not intended to be a complete statement of the law on any subject and should not be used as a substitute for legal advice in specific fact situations.