How to Apply for a Divorce in QLD
How to Apply for a Divorce in QLD: A Step-by-Step Guide
Applying for a divorce in Queensland isn’t as complicated as you might think. Once you’ve been separated for 12 months, the process is straightforward; you just need to follow the steps.
The good news? You can do most of it online through the Commonwealth Courts Portal. Whether you’re filing on your own or jointly with your ex-partner, the same basic rules apply. And no, you don’t need to prove who’s at fault — Australian law only requires one thing: proof that your marriage has irretrievably broken down.
Key Takeaways
- You must be separated for 12 months and 1 day before applying
- Applications are filed online via the Commonwealth Courts Portal
- Choose between sole (individual) or joint (together) applications
- Filing fee is $1,100 ($365 with an eligible concession card) as at January 2026
- Divorce becomes final 1 month and 1 day after the court grants it
Am I Eligible to Apply for Divorce?
Before you start the application, you need to meet certain eligibility criteria set by the Federal Circuit and Family Court of Australia.
You or your spouse must:
- Be an Australian citizen, or
- Live in Australia and consider it your permanent home, or
- Have lived in Australia for at least 12 months before applying
And crucially, you must have been separated for 12 months and 1 day. This applies even if you’ve been living under the same roof — you just need to prove you’ve been living separate lives.
If you’ve reconciled for short periods during your separation (up to 3 months total), this won’t restart the 12-month clock. However, if you get back together for longer than three months, the separation period starts anew.
If you need further information, our team of expert lawyers can help you through the divorce application process. Book an initial consultation to learn about your options.
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You have two options when filing for divorce.
Joint Application
You and your ex-partner complete and sign the application together. This is the simpler option — there’s no need to formally serve documents, and usually neither of you needs to attend court.
Sole Application
You file on your own without your ex-partner’s involvement. If you choose this route, you must serve them with the divorce papers at least 28 days before the hearing (or 42 days if they’re overseas). You also can’t serve them yourself — it must be done by someone else or by post.
The Application Process Step-by-Step
Step 1: Register for the Commonwealth Courts Portal
Go towww.comcourts.gov.au and create an account. This portal lets you file all documents online and track your application.
Step 2: Gather Your Documents
You’ll need:
- Your original marriage certificate (if it’s in another language, you’ll need a certified English translation)
- Proof of Australian residency or citizenship
- Details of any children under 18 from the marriage
Step 3: Complete the Online Application
Select whether you’re filing a sole or joint application. Fill in all required information about your marriage, separation date, and any children.
Step 4: Sign the Affidavit for eFiling
Print the affidavit and sign it in front of a lawyer or Justice of the Peace. If you are filing jointly, both you and your ex must sign. Upload the signed affidavit back to the portal.
Step 5: Pay the Filing Fee
The standard fee is $1,100. If you hold a Commonwealth concession card or can demonstrate financial hardship, you may be eligible for a reduced fee of $365.
Step 6: Serve the Application (Sole Applications Only)
If you filed alone, you must serve your ex-partner with copies of the application. This must occur at least 28 days prior to the hearing date if they’re in Australia.
While the divorce process is designed to be manageable on your own, having professional guidance can save you time, reduce stress, and ensure everything’s done correctly.
If you’re juggling work, children, or just don’t want the hassle of preparing documents and dealing with court procedures, experienced family law solicitors can handle the entire process for a fixed fee, giving you peace of mind that your divorce order will be obtained without delays or mistakes.
Frequently Asked Questions
Can I get a divorce without my ex signing?
If you have been apart from your spouse for a year or more, the court will grant you a divorce even if your spouse does not agree or sign anything. They can only reject the divorce if you have not been separated for 12 months or in cases where there is no court jurisdiction. If they wish to deny the divorce, they must submit papers to the court and attend the hearing to explain why they want to dismiss the application.
Can I remarry immediately after a divorce?
Once your divorce is finalised, it can take a month before it is legally effective. This means it is not possible to get married again straight away. Doing so would be considered bigamy.
What if I was married overseas?
While the criteria for qualifying for divorce seems relatively straightforward, there are a few aspects that can be complicated:
- If your spouse is overseas, they must be served at least 42 days before the court hearing.
- If you are unable to serve them, you will need to follow additional steps.
- If your marriage certificate is not in English, it will need to be translated and certified as an accurate translation.
To discuss your circumstances with our divorce lawyers, please get in touch.
Do I need to attend the divorce hearing?
You only need to attend a divorce hearing if:
- you are the sole applicant, and there is a child of the marriage under 18 years of age,
- either party has objected to the divorce hearing being held without the other party,
- you have stated that you wish to attend, or
- the divorce application has been opposed.
Note that the divorce hearings are held electronically via video link and telephone. The Normal Rules of Court, court procedures, and courtesies apply.
Do I Need to Attend Court?
Not always. You only need to attend a divorce hearing if:
- You filed a sole application and have children under 18
- Either party has objected to the application
- You’ve indicated you wish to attend
- The application has been formally opposed
Most hearings are conducted electronically via video link or telephone.
What About Children?
If you have children under 18, the court needs to be satisfied that proper arrangements are in place for their care. This includes living arrangements, education, health care, and maintaining relationships with both parents.
However, divorce lawyers can guide you through documenting these arrangements. If parenting disputes arise separately, you may also need specialist custody lawyers to help resolve them.
How Long Does the Process Take?
From filing to finalisation, expect 4-6 months in most cases. The timeline breaks down like this:
- Application to hearing: Typically 3-5 months
- Hearing to final order: 1 month and 1 day
The divorce order is granted in two stages. First, the court makes an initial order if you meet all requirements. Then, one month and one day later, the divorce becomes legally final — this is when you’re officially divorced and free to remarry.