If you’re considering divorce, one of the first questions you might ask is how long does a divorce take in Queensland? While the answer is usually straightforward, there are a few important factors you should know.
The 12-Month Separation Requirement
In Australia, when married, you must be separated for at least 12 months before you can apply for divorce. This rule applies even if you are living under the same roof but living separate lives.
This separation period is in place to ensure the marriage has broken down irretrievably and that reconciliation is not likely.
Applying for Divorce in Queensland
Once the 12 months of separation has passed, you can file your divorce application through the Federal Circuit and Family Court of Australia.
Most divorce applications are processed online. The application can be filed either solely (by one party) or jointly (by both parties).
How Long Does the Court Process Take?
After filing your application, a court hearing date is usually scheduled within 2–3 months. In straightforward cases, the divorce order is granted at the hearing.
The order becomes final one month and one day later. This means that, in most cases, the divorce process from application to finalisation takes about 3–4 months (after the 12-month separation).
What Can Delay a Divorce?
While most divorces are straightforward, there are situations that can cause delays:
- Disputes about separation under one roof – you may need to provide extra evidence.
- Incorrect or incomplete applications – missing information can result in processing delays.
- Issues with service of documents – if you apply on your own, your former partner must be properly served with the documents.
- Citizenship or residency questions – you must meet eligibility requirements to apply in Australia.
Divorce vs. Property Settlement and Parenting Arrangements
It’s important to remember that divorce is separate from property settlement and parenting arrangements.
- Divorce finalises your marriage.
- Property settlement deals with dividing assets and debts.
- Parenting arrangements cover care of children.
You don’t have to wait for a divorce to resolve property or parenting matters. In fact, you should seek legal advice early to protect your interests.
Frequently Asked Questions
Can I remarry as soon as I’m divorced?
You can remarry once your divorce is finalised, which is one month and one day after the court grants the order.
Do I need to attend the divorce hearing?
If there are no children under 18, attendance is usually not required. If there are children, the applicant must attend.
Can I get a divorce if we still live together?
Yes, you can. This is called “separation under one roof.” You may need to provide extra evidence to show you were separated during that time.
Do I need a lawyer for divorce?
You don’t have to, but legal advice can help make sure your application is correct and that your broader family law issues (property and children) are handled properly.
Conclusion
So, how long does a divorce take in Queensland? The process itself is fairly short — usually around 3–4 months after you file your application, provided you’ve already met the 12-month separation requirement.
What often takes longer is resolving property settlements, parenting arrangements, and adjusting to life after separation. Having the right legal support can make this transition smoother.
At Integrated Family Law, we guide you through every step. From separation to settlement, with clarity and care.
We are here to help. FCFCOA
Disclaimer
The information provided in this blog is for general educational purposes only and does not constitute legal advice. Integrated Family Law accepts no responsibility for any loss, damage, or actions taken based on this content. Every family law matter is different, and we recommend seeking tailored legal advice specific to your circumstances.
