How long does it take to apply for divorce?

The time taken to grant your final divorce order can vary depending on the type of divorce application, court caseload or any other unexpected issues that may arise. This blog will provide you with an understanding on the types of divorce applications and how each type works.

Types of divorce applications

The two types of divorce applications available are joint divorce and sole divorce application.

1. Joint divorce

If you and your ex-partner are on amicable terms, you can choose a joint divorce application. One lawyer can assist and make the divorce application on behalf of you and your ex-partner. A joint divorce application is usually more time efficient and cost effective than a sole divorce application.

2. Sole divorce

However, if the parties are at conflict during the divorce process, one party can make a sole divorce application without the consent of the other party. The divorce papers will need to be served on their ex-partner. A sole divorce may require a court hearing and both parties need two independent lawyers to represent them in the divorce matter.

How long does it take?

If you are making a joint divorce application, the application can be lodged as soon as the divorce application and the required affidavits are signed by the parties. Once lodged, the court will consider the application and if they are satisfied with the lodged documents, you may be issued your final divorce order within 1 month of filing the documents.

If you are making a sole divorce application, you will need to ensure that the divorce papers are served on your ex-partner. This is usually done by a process server and can be completed by email, post or hand. Once the documents are served, your ex-partner can make a response to the divorce application.

They can state that they simply do not agree with the divorce or that they disagree with the contents of the divorce application. They must file their response within 28 days from the date of serving the papers. The court then has discretion to decide if a hearing is required before granting the divorce.

The Federal Circuit and Family Court of Australia usually grants the divorce order within 1 month of lodging the divorce application. However, this may vary depending on the complexity of the divorce application and availability of the court for hearings.