How to divorce: what’s the process?

The Divorce Process in NSW

How do I get divorced?

First and foremost, the court will want proof that your marriage was valid (i.e an official Marriage Certificate issued by the state registry of Birth, Deaths and Marriages).

How soon can I file for divorce?

You must be separated for 12 months and one day to qualify for a divorce. You can live under the same roof as your spouse during this period, however it may require corroborating information that the separation is genuine.

What are the court’s requirements for divorce?

The marriage must have broken down with no likely chance of you getting back together.

An Application for Divorce must be completed, sworn and filed with the Federal Magistrates Court. The Divorce Application is usually given a hearing date roughly two months after the date of filing.

It is condition of the court that the Divorce Application be served upon the other party at least 28 days before it is to be heard, or 42 days if the other party is overseas.

How quickly can I get my divorce processed?

The court will grant an Order for Divorce when it is satisfied all the criteria have been met.

That order does not take immediate effect, but becomes final one month after the order is made. The court will then send out a Certificate of Divorce.

To find out more or to get help obtaining your divorce, contact Alan Rigas Solicitors on (02) 9635 5333.

Property settlement

How assets are divided depends on a number of factors. We identify issues quickly.

Custody

A child’s best interest is the courts major concern in parenting orders. We aim to resolve matters with the least impact to clients.

Child support

Relationships end but the obligation to financially support your children doesn’t.

Financial agreements

Financial agreements can cover division of property, finances and debts after a marriage breakdown, as well as spousal maintenance and other issues.

Our other services

Immigration services

Our firm’s principal, Alan Rigas is an Accredited Specialist in Immigration Law. If you’re employing an overseas worker or sponsoring a loved one to live in Australia, you’ve come to the right place.

Property & conveyancing

Buying or selling a home, investment property or business is one of the most important transactions people will ever make. We coordinate the entire transaction.

Make or update a will

It is vitally important that you have a current will and that it is updated every time your circumstances change.

Contest a will

Adam’s carer tricked him into signing away his fortune. Our legal team saved his grandkid’s inheritance.

Criminal & traffic offences

We can advise whether to plead guilty or challenge the charge.

WE’RE READY TO HELP YOU

Related content