FAQs About Divorce in Townsville

Divorce can be a complex and emotionally challenging process. If you are considering divorce or separation in Townsville, it’s natural to have numerous questions and concerns.

Understanding the legal process and your rights under Queensland law is essential for navigating this period with clarity and confidence. 

This guide addresses some of the most common questions about divorce to help you to make informed decisions if you’re considering divorce in Townsville. 

1. What Are the Grounds for Divorce in Queensland? 

In Australia, including Queensland, the Family Law Act 1975 establishes a "no-fault" divorce system. This means that the only legal ground for divorce is the irretrievable breakdown of the marriage. This is evidenced by a 12-month separation period, where at least one party considers the marriage to be over. 

2. Do I Have to Be Separated for 12 Months to Apply for Divorce? 

Yes. You must be separated for at least 12 months before you can file for divorce. Separation can occur even if you continue living under the same roof, provided there is evidence that the relationship has ended. 

3. How Do I Apply for Divorce in Townsville? 

Divorce applications can be lodged online through the Commonwealth Courts Portal. You can apply individually (a sole application) or together with your spouse (a joint application). It's advisable to consult with experienced family lawyers in Townsville to ensure all requirements are met and documentation is correctly completed. 

4. What Happens if We Still Live Together During Separation? 

Living under the same roof while separated is recognised under Australian law. However, you will need to provide additional evidence to prove the separation, such as statements from friends, family, or legal affidavits detailing changes in your relationship dynamics as evidence that you are in fact truly separated. 

5. How Long Does the Divorce Process Take? 

Once the application is lodged, it generally takes around four months for the divorce to be finalised, assuming there are no complications. The divorce order becomes final one month and one day after the hearing date.

6. Do I Have to Attend Court for My Divorce Hearing? 

If you have filed a joint application and there are no children under 18, you do not need to attend court. However, if you have children under 18, you must attend the court hearing. 

7. What About Property and Financial Settlements? 

A divorce does not automatically resolve property and financial settlements. You have up to 12 months from the date of the final divorce order to apply to the Court for property settlement or spousal maintenance. It is essential to seek prompt legal advice to ensure a fair division of assets and liabilities. 

8. How is Child Custody Determined? 

Child custody, referred to as "parenting arrangements" in Australian law, is determined based on the child's best interests. Factors include the child’s relationship with each parent, the child’s wishes, and the ability of each parent to provide for the child's needs. Agreements can be formalised through parenting plans or consent orders. 

9. Do I Need a Lawyer for Divorce? 

While you can file for divorce independently, obtaining legal advice ensures you understand your rights and obligations, particularly regarding property settlements and parenting arrangements. An experienced family lawyer can provide guidance and help avoid potential legal pitfalls. 

10. What Costs Are Involved in Divorce? 

The standard filing fee for a divorce application is set by the Federal Circuit and Family Court of Australia. Reduced fees may be available for eligible applicants. Additional costs may include legal fees, document preparation, and court attendance. 

11. Can I Oppose a Divorce Application? 

You can oppose a divorce application if you believe the separation period has not been met or that the court lacks jurisdiction. This requires filing a Response to Divorce and attending the court hearing to present your case. 

12. Is Mediation Required Before Divorce? 

Mediation is not required to file for divorce, but it is strongly encouraged when resolving parenting or property disputes. Mediation can help reach amicable agreements and avoid lengthy court proceedings. 

13. What If I Can't Locate My Spouse to Serve Divorce Papers? 

If you cannot locate your spouse, you can apply for substituted service or a dispensation of service. This allows alternative methods for serving divorce papers, such as via email or social media, if approved by the court. 

14. How Do International Factors Affect Divorce? 

If one spouse lives overseas, Australian courts can still grant a divorce if you regard Australia as your home, are an Australian citizen, or ordinarily live in Australia. However, property division and custody arrangements may require additional legal considerations. 

15. Can I Remarry Immediately After Divorce? 

You must wait until the divorce order becomes final, which is one month and one day after the hearing date, before remarrying. 

Seek Expert Legal Advice for Your Divorce in Townsville 

Divorce and separation are significant life events, and understanding your legal rights is crucial. For personalised guidance tailored to your situation, contact the experienced family lawyers in Townsville at Sarinas Legal. 

Need Legal Assistance? If you have more questions or require expert legal support for your divorce in Townsville, reach out to Sarinas Legal today. Our team is here to provide compassionate and comprehensive legal advice to help you through this challenging time.