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Divorce is the legal process of formally ending a marriage. At MD Law Group, we aim to make this process as straightforward as possible by guiding you every step of the way.
1. Requirements for Divorce
To apply for a divorce in New South Wales, you must meet the following conditions:
2. The Divorce Process
The steps to apply for a divorce are as follows:
Step 1: Prepare Your Application
You can file a divorce application either individually (sole application) or jointly with your spouse. The application is filed online through the Commonwealth Courts Portal. The information you put into your application is important and our expert lawyers can assist to avoid any unnecessary delays.
Step 2: Serve the Application (Sole Applications Only)
If you file a sole application, you must ensure your spouse is formally served with the divorce papers. This step ensures they are aware of the application and have an opportunity to respond. Our lawyers will ensure that your application is properly served so there is no dispute about service.
Step 3: Attend the Court Hearing (if required)
In most cases, you will not need to attend a court hearing unless there are children under 18 or other special circumstances requiring your attendance.
Step 4: Divorce Order Finalisation
Once the court approves the divorce, a Divorce Order will be issued and will take effect one month and one day after the hearing. This finalises the divorce and legally ends the marriage.
3. Timeframes for Divorce
The entire divorce process typically takes 2-4 months from the time the application is filed to the finalisation of the Divorce Order. However, the timeline can vary depending on factors such as serving the application, court processing times, and any delays due to disputes.
Contact us today at info@mdlg.com.au for tailored legal advice that suits your individual needs and circumstances.
Yes, you must have been separated for at least 12 months. You may or may not have been living under the same roof during this period.
If you continued living under the same roof, you will need to provide additional evidence, such as affidavits, to prove that you were separated during this time.
No, a divorce only legally ends the marriage. Property settlements, parenting arrangements, and financial agreements must be addressed separately. We can also assist you with these aspects of your
Yes, you can apply for divorce on your own in a sole application but your spouse will still need to be served properly and notified of your application. They may or may not contest the application.
Yes, you can finalise your property and financial matters prior to applying for divorce.
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