Do I have to go to court to get a divorce in Queensland?

A common misconception is that getting a divorce involves a dramatic courtroom battle. In Australia, the legal dissolution of marriage (“Divorce”) is a distinct administrative process separate from property settlement and child custody disputes.

For most couples, the divorce itself is a straightforward paperwork exercise that does not require standing before a judge.¹

Joint Application vs Sole Application

The path you choose determines whether court attendance is necessary.

1. Joint Application (Recommended)

This is where both you and your spouse sign the application form.

• Court Attendance: Generally not required, even if you have children under 18.
• Service: No need to formally “serve” documents since both signed.
• Result: The Registrar reviews the papers in chambers and grants the order.

2. Sole Application

This is where only one spouse applies.

• Service: You must formally serve the divorce papers on your spouse (you cannot do this yourself; a process server or third party must do it).
• Court Attendance:
  • No Children: Attendance is usually not required.
  • Children Under 18: You (or your solicitor) must attend the hearing. The court needs to be satisfied that proper arrangements have been made for the children’s care and education before granting the divorce.²

The “No Fault” Principle

Australia has a “no-fault” divorce system. This means the court does not care why the marriage ended (e.g., adultery or unreasonable behaviour). The only ground for divorce is the irretrievable breakdown of marriage, proven by being separated for 12 months.³

Applying for Divorce: The Steps

1. Wait 12 Months: You must be validly separated for 12 months.
2. File Application: Done online via the Commonwealth Courts Portal.
3. Pay Fee: The current filing fee is over $1,000 (reduced fees apply for concession card holders).
4. Hearing Date: Set for roughly 6–8 weeks after filing.
5. Divorce Order: Granted at the hearing. It becomes final 1 month and 1 day later.

When Do I Need a Lawyer?

While you can file yourself, using a lawyer ensures:

• Correct Service: We handle the complex rules of serving documents on uncooperative spouses.
• Separation Under One Roof: If you lived in the same house during the 12 months, we draft the necessary affidavits to prove separation.
• Short Marriages: If married less than 2 years, special counseling certificates are required.

Related Family Law Topics

• How long do we need to separate?
• Property settlement explained
• Parenting orders
• Family Law Practice Area

Administrative Simplicity

If you and your spouse agree to divorce, Bell & Senior can manage the Joint Application for a fixed fee, ensuring it goes through without a hitch.

Ready to finalise it? Contact our family law team today. Call (07) 5532 8777.