Separation to Divorce a Clear Path Through the Legal Process Getting from Separated to Legally Divorced Once you have been separated for 12 months, you can apply for divorce. The process involves filing an application with the Federal Circuit and Family Court of Australia, serving the other party if applying alone, and attending a brief hearing if there are children under 18 involved. It is a formal process, but it is not as complicated as many people expect. Working with a divorce lawyer means the application is put together correctly, the procedural st eps are handled on your behalf and you are advised on the related issues of property and parenting at the same time. Doing everything through the same firm means nothing gets overlooked. The Issues That Matter More Than the Divorce Itself For most people, the divorce order is not the most significant legal outcome of their separation. The property settlement and parenting arr angements have a much bigger impact on day - to - day life. We handle both alongside the divorce application so the full picture is covered. If you have already received a divorce order and have not yet addressed property or parenting, speak to a divorce lawyer now. There are deadlines that apply and acting promptly protects your position. Call Us Call 03 9793 7888 for a free 15 - minute consu ltation. We will explain the process clearly and let you know what your situation involves. Frequently Asked Questions What happens if my former spouse and I are still living together? You can still be legally separated even if you are living under the sam e roof, provided you are no longer in a relationship. You will need to provide evidence of the separation, such as statutory declarations from each of you or someone else who can confirm it. Is there anything that can delay the divorce? Common delays inclu de incorrect service of documents, insufficient evidence of arrangements for children, or filing errors in the application. Having a lawyer prepare and file the application reduces the risk of these issues significantly. What if my former spouse lives over seas? Service of divorce documents on someone overseas is possible but requires specific procedures. We handle international service regularly and can advise you on the steps involved.