Key Takeaways

• You don’t need a lawyer to get divorced in Queensland – but legal help can make the process smoother in complex cases.
• The Application for Divorce is completed online and usually doesn’t require a court appearance unless special circumstances apply.
• Mistakes or missing information can delay your Application – sometimes requiring extra documents or even a re-filing.
• Strict rules apply to serving divorce documents if you're filing solo – especially if your spouse is hard to find.
• A Response to Divorce or shared living situation may trigger a hearing, where legal support can be valuable.

Divorce doesn’t finalise parenting or property matters – these need separate legal steps and may benefit from early legal advice.

If you’re thinking about getting divorced, you might be wondering: Do I really need a lawyer, or can I do it myself? It’s a common question - and a fair one.

In Queensland, applying for divorce is often more straightforward than people expect. Thanks to the online court system and recent changes in the law, many people can navigate the process on their own. But that doesn’t mean everyone should.

Whether or not you need a lawyer to get divorced depends on a few key things – like how complex your situation is, whether children or property are involved, and how confident you feel navigating legal documents and court requirements on your own.

In this article, we break down when it’s possible to DIY your divorce, and when it might be smarter to get legal support. We’ll also walk you through common challenges, recent legal changes, and practical tips to help you make the right choice for your situation.

 

So, do you need a lawyer to get divorced? 

The decision of whether you need a lawyer to assist you with your divorce in Queensland often depends on your personal situation and the circumstances of your separation.

The fact of the matter is: you don’t have to engage a lawyer to get divorced. It's not a legal requirement.

An Application for Divorce (“The Application”) is an online form available via the Commonwealth Courts portal, and it can be completed by either a lawyer or a self-represented applicant. Once completed, the relevant documents can then be printed, signed before a qualified witness, and filed with the court. 

That said, your Application still needs to be completed with care. The Court must be able to see - just from what’s written - that you meet the legal requirements for a divorce under the Family Law Act 1975 (Cth) (“the Act”). If the details are vague, incomplete, or inaccurate, it could lead to delays, extra paperwork, or even a rejection of the Application.

Since changes to the Act in June 2025, most divorce hearings no longer require an appearance from you or your former spouse. Instead, the Court will hear the matter “on the papers”, by reading and considering the documents submitted.

That said, there are still a few scenarios where you might need to appear. You might be required to attend the Divorce Hearing if:

1. You specifically request to attend when submitting your Application;
2. You’re applying for substituted service or dispensation of service;
3. Your former spouse files a Response to Divorce; or
4. You were separated under the same roof for part or all of the 12-month separation period.

While in these instances you’re allowed to attend the hearing as a self-represented party, you do have the option to engage a lawyer to attend on your behalf.

In fact, for some situations, having legal support can make the process far less stressful - especially when it comes to meeting the specific requirements set out in the Family Law Act 1975 (Cth).

Below, we break down some of the key factors to consider when deciding whether or not to engage a lawyer to help with your divorce.

 

1. Assessing Whether You Meet the Requirements

Before you can apply for a divorce in Queensland, you’ll need to meet the following eligibility criteria:

1. Either you or your former spouse must:
   1. Be a citizen of Australia either by birth, descent, or grant of citizenship;
   2. Be lawfully present in Australia and living here for the past twelve (12) months or more and intend to continue living in Australia.

You also need to:

2. Have been separated from your former spouse for at least 12 months and 1 day; and
3. Regard the marriage as over and believe there to be no reasonable likelihood that you’ll resume the marriage.

If you’re unsure whether you meet the criteria, it’s wise to speak with a family lawyer before submitting your Application - especially if your situation is complex.

 

2. Separated Under the Same Roof 

If you’ve been separated but living in the same place as your former spouse during the required 12 month separation period, you’ll need to provide the Court with additional evidence to prove that you were truly separated during this time.

If you’re filing a sole Application, you’ll need to file an affidavit of yourself providing evidence of your separation. In addition, you’ll need an affidavit of a third party to corroborate your evidence.

If you’re filing a joint Application - you, your former spouse, and a third party will have to file affidavits to confirm the separation.

If you’re unsure what to include in your affidavit - or how to present your evidence in a way the Court will accept - it may be helpful to speak with a family lawyer. In cases like this, having legal guidance can ensure your Application doesn’t get delayed or rejected due to insufficient evidence.

 

3. Understanding Service Requirements

If you file a joint Application for Divorce, you’re not required to formally serve the Application on your former spouse.

However, if you are filing a sole Application, there are strict rules around serving the divorce papers to your former spouse. This includes:

1. Timeframes for when service must occur;
2. How the documents must be served;
3. What additional documents need to be filed with the Court to prove this has been completed correctly. 

In most cases, if you don’t comply with these rules, the Court will adjourn the matter until you have or they won’t be able to grant your divorce.

Not sure what’s required? A family lawyer can help you get it right. You can also engage a Process Server – a professional who delivers legal documents and ensures proper proof of service is provided to the Court.

 

4. Can’t Locate Your Former Spouse for Service? 

If you aren’t able to locate your former spouse to serve them your Application, you might need to apply to the Court for an Order to seek either substituted service or dispensation of service:

1. Substituted service – This allows you to serve the divorce documents in a different way, such as by email, text message, or even via Facebook, if the Court is satisfied that it’s likely to reach them.
2. Dispensation of service – This is where the Court allows you to proceed without serving your former spouse at all. However, this is rarely granted, and only in exceptional circumstances where you’ve shown that you’ve tried all reasonable methods to locate them.

If you apply for either of these orders, you’ll usually need to attend the Divorce Hearing in person (or online).

This is one of those scenarios where getting a lawyer involved can make the process much smoother. A family lawyer can prepare the necessary documents, guide you through the application for substituted or dispensation of service, and even appear on your behalf at the hearing.

 

5. If Your Former Spouse Files a Response to Divorce

If you file a sole Application for Divorce, your former spouse has the right to respond by filing what’s called a Response to Divorce. This gives them the opportunity to let the Court know if they disagree with anything in your Application.

Although this doesn’t necessarily mean that your Application won’t be granted, it will mean that you need to attend the Divorce Hearing.

If you’re unsure how a Response to Divorce might impact your Application – or if you’d prefer not to appear in court yourself – it’s a good idea to seek legal advice. A solicitor can help you understand your options and, if needed, appear on your behalf at the hearing.

 

6. Property Settlement and/or Parenting Matters 

Another very relevant consideration when deciding whether or not you need a lawyer is whether you also need help with property settlement and parenting matters.

It is a common misconception that an Application for Divorce finalises everything after a separation. In reality, a Divorce Order simply ends the legal marriage between two people.  While the Application asks for details about your current parenting arrangements, it does not resolve parenting or property matters. These are separate legal processes that must be addressed individually.

If you need to divide assets or make arrangements for children following separation, it’s wise to seek legal advice. A family lawyer can help you understand your rights and obligations – and the process for resolving these matters following separation.

 

Conclusion 

You are not required to engage a lawyer to assist you with your divorce in Queensland. However, if you aren’t confident in self-representing, you have the option to engage a lawyer to draft the required documents, assist with service and appear at the Divorce Hearing on your behalf (if required).

In some circumstances, particularly where your Application is complicated, it may be beneficial to do so.

If you have questions about your Application for Divorce, or need assistance with making an Application, contact our team of experienced family lawyers on 1300 032 806 or at info@bwbfl.com.au to arrange an initial confidential appointment. To understand what to expect in working with us, see Your First Meeting at Best Wilson Buckley Family Law.

You might also be interested in:

Divorce Fees in Queensland: What to Expect and How to Plan

Who Gets What? Understanding Property Settlements after Separation

How to Create Parenting Arrangements that Actually Work