How to Apply for a Divorce in Queensland

If your marriage has broken down and you’re ready to take the next step, it’s important to understand the legal process to apply for divorce in Queensland. The process is generally straightforward, but having the right information will help avoid delays and ensure everything is done correctly.

Here’s a step-by-step guide to help you through the divorce process in Queensland.

Before applying, make sure you meet the eligibility criteria under Australian family law:

- You and your spouse must have been separated for at least 12 months*.

- You must regard the marriage as irretrievably broken.

- If you’ve been married less than two years, you’ll need to attend counselling or obtain special permission from the court.

Legal separation doesn’t always mean living apart—separation **under one roof** can still count as long as the relationship has ended.

To apply for divorce, you’ll need:

- Your marriage certificate

- Proof of jurisdiction (that you or your spouse are an Australian citizen, resident, or domiciled here)

- Translation documents if your certificate is not in English

If you don’t have a copy of your marriage certificate, you can order one from Births, Deaths and Marriages (https://www.qld.gov.au/law/births-deaths-marriages-and-divorces).

You can apply for divorce online through the **Commonwealth Courts Portal** (https://www.comcourts.gov.au). You may file a **sole application** (by yourself) or a **joint application** (with your spouse).

A filing fee applies, but you may be eligible for a fee reduction under certain conditions.

If you filed a sole application, you must serve the documents on your spouse at least 28 days before the hearing (or 42 days if they are overseas).

Service must be done correctly, and cannot be done by you personally. Instead, a third party must serve the papers and complete an affidavit of service.

Most divorce applications are processed without a need to appear in court. However, attendance is required if:

- You have children under 18 and filed a sole application

- The court needs more information

Your divorce becomes final **one month and one day** after the court grants the order.

Step 6: Finalise Property and Parenting Matters

Although divorce is separate from issues like property division and child custody, you should address these matters as soon as possible. You only have **12 months** after a divorce becomes final to apply to the court for a property settlement.

How Clarity Legal Group Can Help

At Clarity Legal Group, we guide our clients through the divorce process with clear advice and fixed fees. Whether you need assistance completing your application or help resolving other family law matters like parenting or property, we’re here to simplify the process.

Our experienced team ensures you know your rights and responsibilities every step of the way. We understand this can be a difficult time and provide practical, compassionate support.

Contact us today to arrange an initial consultation and gain clarity on your next steps.

We are Family Court solicitors who are experienced in providing divorce and separation legal advice in parenting and financial disputes. We have many years experience in court advocacy and dealing with matters involving complicated parenting and property disputes.

Contact us for more information or to book an initial consultation to discuss your options.