Divorce is never easy—emotionally or legally. Understanding how divorce proceedings work in Queensland can make the process smoother and less stressful. Whether you're beginning to consider separation or already navigating the court system, having the right information (and the right lawyer) is crucial.
At Lexnode Family Lawyers Brisbane, we guide our clients through every stage of the process with professionalism, empathy, and clarity.
1. Legal Requirements for Divorce in Queensland
Before you can apply for divorce, certain legal requirements must be met under the Family Law Act 1975 (Cth).
To file for divorce in Queensland, you must:
Be legally married (with a valid marriage certificate)
Have been separated for at least 12 months
Prove that the marriage has irretrievably broken down
Have a connection to Australia (either you or your spouse is an Australian citizen, lives in Australia, or regards Australia as their permanent home)
Important: There's no need to assign blame—Australia follows a "no-fault divorce" system. The only ground for divorce is the irretrievable breakdown of the marriage.
2. Step-by-Step: The Divorce Process in Queensland
| Stage | Description | Legal Notes |
|---|---|---|
| Step 1: Separation | You and your spouse must live separately for at least 12 months. | It's possible to be "separated under one roof" if you can prove the relationship ended. |
| Step 2: Filing the Application | Submit your divorce application online via the Commonwealth Courts Portal. | Either party can apply, or you can make a joint application. |
| Step 3: Serving Documents | If it's a sole application, the other spouse must be formally served with documents. | Service must follow court rules and can't be done by the applicant. |
| Step 4: The Court Hearing | Attend the hearing (if required) in the Federal Circuit and Family Court of Australia. | Usually not required for joint applications or cases without children under 18. |
| Step 5: Divorce Order | Once approved, the court issues a divorce order. | It becomes final one month and one day after the hearing. |
3. How Property and Parenting Matters Are Handled
Divorce only ends the marriage—it doesn't automatically resolve property division, child custody, or financial issues.
After divorce, you generally have:
12 months to apply for property settlement or spousal maintenance, and
Parenting arrangements must still be agreed upon or determined separately.
At Lexnode, our divorce lawyers in Brisbane work closely with clients to ensure fair outcomes in both parenting and property matters. You can read more on our Family Law Services page.
4. Common Questions About Divorce in Queensland
Q1: Do I need to attend court for my divorce?
Not always. If it's a joint application and there are no children under 18, attendance is not required.
Q2: Can I apply for divorce if we still live together?
Yes—this is called "separation under one roof." You'll need to provide evidence (like financial separation or affidavits) to the court.
Q3: What happens if my spouse doesn't agree to the divorce?
You can still proceed with a sole application as long as you meet the separation requirements and properly serve the papers.
5. Why You Should Consult a Family Lawyer
Divorce proceedings involve complex legal documents, strict deadlines, and emotional strain. A qualified family lawyer ensures your rights are protected at every stage.
At Lexnode Legal, our divorce lawyers in Brisbane help clients:
Prepare accurate divorce applications
Handle service of documents
Manage parenting and property arrangements
Negotiate fair settlements outside of court
We combine practical advice with a compassionate approach—helping you move forward confidently and with clarity.
6. Additional Resources
For accurate legal information, you can visit:
Need Help with a Divorce in Queensland?
If you're considering separation or ready to file for divorce, don't face it alone.
Contact Lexnode Legal today for a consultation with our experienced family lawyers.
Learn more about our Family Law Services.
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