How to Apply for Divorce QLD: A Step-by-Step Guide

To apply for divorce in Queensland, you need to have been separated for at least 12 months and one day. You file an Application for Divorce through the Commonwealth Courts Portal, on your own or jointly with your spouse, and pay a $1,170 court fee ($390 if you qualify for the reduced fee). The divorce becomes final one month and one day after it is granted.

You have separated, lived with it for a year, and now you want the paperwork to catch up. This guide covers how to apply for divorce in QLD, from eligibility to the day it becomes final. It's general information, not advice on your situation. If you'd like to talk it through first, our separation and divorce lawyers can tell you where you stand before you file anything.

Divorce is federal law, so there's no Queensland divorce form or court. Someone in Toowoomba applies to the same court as someone in Perth: the Federal Circuit and Family Court of Australia. For the national picture, see our overview of the process for divorce in Australia.

 

Who can apply for divorce in Queensland?

You can apply if your marriage has broken down for good and you've been apart for at least 12 months and one day. The court calls this an irretrievable breakdown. It doesn't ask who left or why, because Australia has had no-fault divorce since 1976.

For example, if you separated on 3 March 2025, the earliest you can file is 4 March 2026. You'll also need:

• A connection to Australia. At least one of you must be an Australian citizen, live in Australia and regard it as home, or have ordinarily lived here for the 12 months before you file.
• Your marriage certificate. An overseas certificate that isn't in English needs a translation and an affidavit from the translator.

A short reconciliation won't reset the clock. If you got back together once, for less than three months, the time apart before and after can be added together. The weeks you spent back together don't count toward the 12 months, though.

 

Separated under one roof? You can still apply

Yes, you can. Plenty of Queensland couples keep living in the same house after they separate, usually because of the kids or because one income can't cover a second rent. The court accepts this. You just have to prove the relationship ended even though the address didn't change.

Evidence the court looks for includes:

• sleeping in separate rooms
• no longer cooking for each other or doing each other's washing
• separate bank accounts, or a clear end to pooling money
• telling family, friends or Centrelink that you had separated.

You'll file an affidavit explaining how you lived separately, plus a second affidavit from someone who saw it, such as a friend, a relative or an adult child. In a joint application, you each file your own.

If you don't feel safe living under the same roof, talk to our domestic and family violence lawyers. In an emergency, call 000.

 

Sole or joint divorce application?

Either works. It comes down to how well you and your former partner are getting along.

• A joint application is signed and filed by both of you. Nobody has to serve anyone, and joint applicants generally don't need to attend the hearing.
• A sole application is made by you alone, and your spouse doesn't have to agree. You'll need to serve them with the paperwork, which helps if your former partner keeps stalling.

If talking to your former partner has broken down, family mediation can help you agree on the bigger issues, even where a joint application isn't realistic.

 

How to apply for divorce QLD in six steps

Most people can finish the online application in an evening once their documents are ready.

1. Get your documents together. You'll need your marriage certificate, proof of citizenship if you weren't born in Australia, and the dates you married and separated. If there are children under 18, the application asks about their living arrangements, schooling and health.
2. Set up a Commonwealth Courts Portal account and complete the online Application for Divorce.
3. Sign the Affidavit for eFiling Application (Divorce) in front of an authorised witness, such as a lawyer or a justice of the peace, then upload it. In a joint application, you each sign one.
4. Pay the fee and file. Once the court accepts the application, it gives you a hearing date.
5. Serve your spouse (sole applications only). They must receive the documents at least 28 days before the hearing, or 42 days if they live overseas. You can't hand them over yourself. Post them with an Acknowledgement of Service, or use another adult or a process server, then file proof of service.
6. Go to the hearing, if you're asked to. Joint applicants generally don't need to attend. If you applied on your own and there are children under 18, expect to attend, because the registrar must be satisfied that proper arrangements are in place for them. The court will confirm whether you need to be there.

If the divorce is granted, it becomes final one month and one day later, and you can download the divorce order from the portal. Hold off on booking a wedding until then, because you're still legally married until that date. The Federal Circuit and Family Court sets out each stage in its step-by-step guide to filing for divorce online.

Not sure your application is straightforward? If you separated under one roof, can't find your spouse, or the kids' arrangements aren't settled, a short appointment can save you an adjourned hearing. Find out where you stand or call 1300 052 224.

 

How much does it cost to file for divorce in QLD?

The court filing fee is $1,170 from 1 July 2026, and it typically rises on 1 July. If you hold certain government concession cards, or paying the full amount would cause financial hardship, you can apply for the reduced fee of $390. In a joint application, both of you must qualify for the reduced fee.

The court publishes its current family law filing fees, so check the figure on the day you pay.

Other costs to plan for:

• a process server, if your spouse won't sign for the documents by post
• a translation, if your certificate isn't in English
• legal fees, if you'd like a lawyer to prepare or check the application.

We've set out what a divorce costs in Queensland once legal help is included in a separate guide, along with ways to keep those costs predictable.

 

How quickly can you get divorced in QLD?

Once you reach 12 months and one day of separation, a straightforward application usually takes a few months: the wait for a hearing date, then one month and one day after the order.

There's no way around the 12-month rule. It's set by the Family Law Act 1975, and the court can't waive it. What you can control is the delay after you file:

• File jointly if you can. It removes the service step.
• Check every name and date against your marriage certificate. A mismatch can see the hearing adjourned.

 

A divorce won't sort out property or parenting

A divorce order ends the marriage. It doesn't finalise your parenting arrangements or property: it won't divide the house, split super or decide where the kids live.

It does start a clock. Once your divorce is final, you have 12 months to apply to the court for property orders or spousal maintenance. After that, you need the court's permission, and it isn't automatic. Our guide to family law time limits explains how this works.

Before you file, work out which sounds like you:

• Property and parenting are already agreed. You may be fine to apply yourself, but it's worth turning that agreement into consent orders or a binding financial agreement, so it can't be reopened later.
• Nothing is settled yet. Speak with a lawyer before you file. Advice on your property settlement and parenting arrangements first means you'll know what's at stake before the 12-month limit starts running.

 

Talk to a specialist family lawyer

We're a specialist family law firm with offices in Toowoomba, Brisbane CBD, Ipswich and North Lakes. You'll get a fee estimate before we start, so there's no bill at the end you weren't expecting.

Find out where you stand or call 1300 052 224. Not ready to talk yet? Read our free family law guides.

 

Frequently asked questions about applying for divorce in QLD