How to Get a Divorce in QLD: A Step-by-Step Guide
Going through a divorce can feel overwhelming, especially when you're unsure of where to begin. If you're in Queensland and considering ending your marriage, this guide will walk you through every step.
How to File for Divorce in Queensland
Confirm Eligibility
You must have been separated for at least 12 months before you can apply. It may be physical (separated living) or within the same roof. In such instances, you will need to offer additional proof, such as statements showing you've been living separate lives.
Gather Essential Documents
You will need a copy of your marriage certificate, ideally the official one issued by Births, Deaths and Marriages. If it’s in a foreign language, a certified translation is needed. You’ll also have to confirm your Australian citizenship, residency, or minimum 12 months of living in Australia.
Choose to apply on your own or together
Sole application: You apply by yourself. You must send divorce papers to your partner, and you might need to go to court if you have children under the age of 18.
Joint application: Known as ‘amicable divorce, the two spouses come to agreements and they file together. This method is, in most cases, quicker and requires less effort.
File Your Application
You can apply online via the Commonwealth Courts Portal, but many people find this process difficult to navigate and time-consuming. If you're looking for a smoother experience, you can apply with Queensland divorce application lawyers, like simple separation.
Service of the Divorce Documents (Sole Applications ONLY)
If you are filing on your own, someone other than you — a friend, family member or professional process server — must go to your spouse’s home or place of work and deliver the papers. Once they’re finished, they need to fill out an affidavit of service for the court.
Appear on the Court Date (If Required)
If your application is a joint one, or a sole application but there are no children under 18, it is unlikely that you will have to attend a court hearing. If not, you might have to end up back in court for a quick hearing.
Receive the Divorce Order
The divorce is finalized one month and one day after the hearing date. The court will issue a divorce order, which is your legal confirmation.
How to Apply for a Divorce in Queensland
Apply yourself through the Commonwealth Courts Portal: Best suited if you don’t need support to help you with legal forms and processes.
Hire an attorney: The traditional, and in many cases, the most expensive. If your divorce is straightforward, it is not always needed.
Apply online: If your divorce is peaceful and you have agreed on terms (amicable divorce), you can directly apply online with professional divorce services. Simple Separation is a prime example, and we’ll do everything for you — from preparing the documents to filing your application and walking you through it.
Keep It Simple with Simple Separation
Ending a marriage is never easy, but the divorce process doesn’t have to be complicated. If you and your spouse are in agreement, you can try to bypass the legal red tape and proceed with a lot less stress.
FAQs: Common Questions About Divorce in Queensland
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The standard filing fee is $1,060 (on or after July 2024), but if you have a concession card the fee may be reduced to $350. A service like Simple Separation also helps you avoid legal fees.
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Usually, from application to final order, it takes from three to four months. (The divorce is final one month and one day after the court grants the divorce.)
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No. Australian law demands 12 months of separation before you can file for a divorce. However, separation under the same roof is permitted with proper documentation.
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You are separated, which means that you and your spouse are no longer together. There is no need to sign paperwork to confirm this. Divorce is the legal termination of your marriage by the court.
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Not always. If you’re filing jointly or alone with no children under 18, in most cases, you don’t have to go to court. A brief court appearance is needed only for sole applications with children.
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A friendly divorce takes place when the couple decides to part ways in a peaceful and cooperative manner. It avoids drawn-out legal battles, keeps costs down, and reduces emotional stress.
Simple Separation specialises in amicable divorces, offering a fully supported online process tailored for couples who just want to move forward with dignity.
💡 Separation doesn’t have to be overwhelming. Start with a free consultation and discover
how Simple Separation can help you move forward with confidence.
