How Long Does a Divorce Take in Melbourne?
Mutual divorce application / Joint application
The overall divorce process from application to final should take around 10-12 weeks i.e., 2.5 month – 3 months in Melbourne, if your divorce case is straight forward, where:
- Both parties consent to the divorce
- Both parties are residing in Australia
- You have been separated for 12 months 1 day
- You have no children or if there are any under 18, you have taken adequate care for their support
- You are married for at least 2 years.
Once the divorce application is ready, both the partners should sign the copies of the application and the same should be filed in Family Court of Melbourne. On an average, it takes around 6 weeks to get the court hearing for your divorce application.
After hearing out the grounds of your divorce application, if the court grants divorce order; it takes one month one day for the divorce to get final and you will receive Divorce Certificate.
First, you must serve divorce application to your partner and file the divorce application in the court. As in the above case, the court gives hearing date after 6 weeks and grants divorce order. Again, it takes 10-12 weeks.
Filing Response to application served by sole applicant
If the other person finds factual errors in the application served to him/her, he/she can file response to divorce and the Family Court allows:
- 28 days to file a response if the application is served in Australia and
- 42 days if the application is served outside Australia.
Depending on this, the Family Court sets the hearing date. In such cases, it would take around 16 – 18 weeks i.e., 4- 4.5 months for the divorce to complete.
If one partner cannot serve the application to the other despite repeated attempts, the applicant can apply to the court for:
- Substituted Service or
- Dispensation of Service
In such case, it is advisable to consult a divorce lawyer of Melbourne to understand how much time your divorce might take.
If the other partner chooses to oppose the divorce on the grounds of:
- Denial that 12 months’ separation period is complete or
- Proves that the court does not have jurisdiction.
The other person should file response to divorce in above mention stipulated time. Then the divorce process continues and takes 16-18 weeks to wind up.
If you provide all the required documents in time and follow the steps as suggested by the law, your divorce case can be resolved quickly otherwise the court postpones hearing dates and divorce will take more time.
You can visit our website, http://familylawyersinmelbourne.com/divorce-separation/, to know everything about divorce law & divorce lawyers in Melbourne.