How to divorce: what’s the process?
The Divorce Process in NSW
How do I get divorced?
First and foremost, the court will want proof that your marriage was valid (i.e an official Marriage Certificate issued by the state registry of Birth, Deaths and Marriages).
How soon can I file for divorce?
You must be separated for 12 months and one day to qualify for a divorce. You can live under the same roof as your spouse during this period, however it may require corroborating information that the separation is genuine.
What are the court’s requirements for divorce?
The marriage must have broken down with no likely chance of you getting back together.
An Application for Divorce must be completed, sworn and filed with the Federal Magistrates Court. The Divorce Application is usually given a hearing date roughly two months after the date of filing.
It is condition of the court that the Divorce Application be served upon the other party at least 28 days before it is to be heard, or 42 days if the other party is overseas.
How quickly can I get my divorce processed?
The court will grant an Order for Divorce when it is satisfied all the criteria have been met.
That order does not take immediate effect, but becomes final one month after the order is made. The court will then send out a Certificate of Divorce.
To find out more or to get help obtaining your divorce, contact Alan Rigas Solicitors on (02) 9635 5333.
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