Frequently Asked Questions

Please browse through our frequently asked questions before getting in touch with us.

If you can’t find an answer we are just a click away!

Yes, you can file the divorce on your own by filling our Solo Application.

Yes, the divorce should be filed where you or your spouse reside. If anyone of you both has lived in this state, you can file your divorce here.

Yes, you can make unlimited changes to your forms without any added cost.

An uncontested divorce is a decree of divorce wherein both the partners agree to part ways under mutual consent. The spouses must agree to all terms including division of assets, child custody, child support, and alimony.

A contested divorce is a divorce wherein one partner agrees for divorce and the other partner disagrees for the same. Whether it’s one or all issues, if you disagree on anything, it is considered as a ‘contested’ divorce by the court.

A no-fault divorce is a type of divorce in which the spouse filing the divorce does not have to prove any fault on the part of the other spouse. The divorce can be filed based on the reason of ‘irreconcilable differences’.

Irreconcilable differences means that an individual and their spouse cannot get along with one another enough to keep the marriage alive, and the marriage cannot be saved.

You can remarry or enter into a new civil union as soon as the dissolution order takes effect. It usually takes effect one month after the order is made.

Yes, only if you have tried all the measures to save your marriage but still the differences persist between you and your spouse, and there is an irreconcilable breakdown of your relationship.

Yes, both husband and wife can file together through a joint application provided by us.

Just fill in the questionnaire provided by us. We will make all the required forms ready for you, simply submit them in the nearest family court.

You are eligible to proceed with the application if either you or your spouse are an Australian citizen or resident or have lived here for 12 months before submitting your divorce documents before court. Your Australian citizenship documents must be supplied with a certified copy.

The separation period required is one year. It also includes, you can be separated under one roof on the condition you are not living as husband and wife.

In this case, you need to attend counselling and obtain a ‘counselling certificate’. If you do not attend counselling with your spouse, you need Court’s permission to apply for divorce. This can be done by filling an affidavit with your divorce application.

You can submit your application to a family court nearby.

Usually, it takes one month to finalize the divorce. The time frame may increase if the order is not made at the first hearing and court requires more information from you.

The fees for filing divorce in Court is $930. If you are low on income, you may be eligible for a reduction in the filing fee in case you hold certain tested concession cards. Note that if you are filing a joint application, both the parties must be eligible for it. The reduced fee is $310.

No, Court fee of $930 is separate, which you have to pay in the court. The reduced court fee is $310, if you are eligible for it.

After receiving all the required documents and our fees from you, we aim at sending you completed documents within 48 hours.

We will guide you with step by step instructions along with your completed documents.

We charge $119 for both solo and joint applications

It includes your completed application form, checklist and step-by-step instructions for lodging a request at the court. All divorce documents must be submitted in order as requested by the court.

Yes, you can apply for divorce even if you cannot locate your spouse. We will provide you all the relevant forms and affidavits and will guide you with the further steps in this case.

Yes, you can. However, it is recommended to have professional help before filing the divorce in court and paying court fees of $930, as there are many legal terminologies that may be misunderstood or misinterpreted.

Yes, we will collect some additional information about your children, so that we can fill up their details in the form as per court requirements.

Irreconcilable difference is the only ground for legally dissolving a marriage or civil union. This means your relationship has broken down and cannot be together anymore. To prove this you need to be separated for at least one year. However, the separation can be under one roof if both of you separate but continue to live in the same home.

Yes, we are always there to help you with all the technical support.

No, except for our service fee, we do not charge anything else. Note that you have to pay the required court fee separately.

You can file your application in the family court close to you. We will send you comprehensive instructions on the filing process.

AuDivorce.com.au provides its clients with the tools and the resources enabling them to file a quick and easy online divorce. Our three step process is simple to use and easy to understand.

Because we provide you with all the legal forms, completed by us without any errors. We assure that you don’t have to visit court multiple times, thereby saving both your time and efforts.

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