No matter which Australian state you live in, before you can start divorce proceedings you have to live apart from your spouse or partner for 12 months and one day. Family lawyers will tell you that it is possible to live in the same house and still be living apart. This sometimes happens if living in another house or other accommodation would be difficult financially.
However, you must prove that you are living apart in the home and that there is no likelihood of reconciliation. For instance, there must be two bedrooms in the house so it is obvious you and your partner are not sharing the same bed.
Attending court for a divorce
If there are no children from your marriage and you apply for a divorce, you don’t have to attend the court hearing. In some cases a couple may have made a joint application for a divorce. In this case, if there are children from the marriage under 18, neither you nor your spouse have to attend the court hearing.Read more...