CALL 02 9723 8080
1300 287 911
JB Logo jb solicitors family lawyer
  • 1300287911
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
  • Resources
    • Blogs
    • Events
  • Contact
Menu
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
  • Resources
    • Blogs
    • Events
  • Contact
JB Logo jb solicitors family lawyer
  • 1300287911
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
  • Resources
    • Blogs
    • Events
  • Contact
Menu
  • About Us
    • Why Choose Us?
    • Our Team
    • Our Fixed Fees
  • Family Law
    • Divorce & Separation
    • Parent & Children Matters
    • Mediation & Arbitration
    • Property Settlements and Assets
    • Family Violence & AVOs
    • Binding Financial Agreements
    • Wills & Estate Planning
  • Other Services
    • Conveyancing
    • Commercial & Corporate Law
    • Civil Disputes & Litigation
    • Criminal & Traffic Law
    • Land & Environmental Law
    • Employment Law
  • Resources
    • Blogs
    • Events
  • Contact
1300 287 911

OR CALL 02 9723 8080

Divorce & Separation

  • Contact us
  • Email us

Home / Family Law / Divorce & Separation

Separating And Getting Divorced Can Be An Extremely Stressful And Challenging Period In Our Lives

Our team of Sydney family lawyers can help you simplify the process of divorce.

We do this by hearing our client’s situation and providing top expert advice tailored to our client’s needs and circumstances. Whether it be determining eligibility for a divorce, preparing paperwork or serving notices to the other Party. Contact JB Solicitors today to simplify the process.

Learn more
Group 669

Matters Our Team Of Expert Sydney Family Lawyers Can Help You With

understanding-everything-icon

Understanding everything involved when you separate or divorce

Ensuring your separation is legally valid

Facilitating the mediation required before a divorce can be finalised

Ensuring you are well-informed of your rights regarding your children, property and maintenance

Negotiating financial settlements and maintenance

Expediting your divorce in exceptional circumstances

Custody and child support payments

Opposing an application for divorce

Is Your Situation Not On This List?

Please do not hesitate to get in touch with our friendly and experienced team of Sydney family lawyers to discuss your particular circumstances.

Contact Us

FAQs

Something not answered?

Contact Us
Can I Apply For A Divorce?

According to the Family Law Act (1975), The Court Must Be Satisfied That:

  • You and your former partner have lived apart and separately for a minimum of 12 months. (However, you may still live in the same home and be separated for purposes of satisfying this requirement).
  • There is no reasonable likelihood of resuming married life.
  • If there are children under the age of 18 involved, proper arrangements must be made for them before the Court may grant a divorce.
Can I Still Apply For A Divorce If We Have Been Living Together Within The Last 12 Months?

Yes, you can – In the situation where you have continued living together under the same household when you are separated, and this period is within 12 months before the divorce application filing date, each spouse must file an affidavit supporting the facts that:

1. There has been a change in circumstances.

2. The marriage has broken down to an irretrievable point.

Where one spouse has applied for a divorce, they are required to file an affidavit in support of this, together with an affidavit made by a witness who can sufficiently support the circumstances.

How Long Do I Have To Respond To A Divorce?

A ‘Response to Divorce’ must be filed:

  • Within 28 days of the application being served upon you in Australia
  • Within 42 days of the application being served upon you outside of Australia

You can electronically file (eFile) a Response to Divorce.

OR

File it at a family law registry. See here for more information.

Do I Have To Go To Court?

You will have to go to Court in the following situations:

1. You applied for divorce on your own, AND there is a child of the marriage under the age of 18 at the time of the application.

Please note – this includes any children living with you and your spouse that you treated like members of the family, such as a child from a prior relationship or foster child.

2. If you are applying for an order for substituted service. This means you are not able to serve your spouse in the usual way but can in another way.

3. If you are applying for an order for dispensation of service. Dispensation of service means you are incapable of serving your spouse entirely.

4. Where you have filed an affidavit to explain situations where:

– You have been married for less than two years.

– You are separated but continuing to live under the same roof.

If you do not attend Court and more information is needed from you. You will be given another Court date which you must attend.

Seeking Legal Advice

The breakdown of a marriage leading to a divorce is a stressful experience in anyone’s life. The technicalities involved with learning how to apply for a divorce should be the last thing on one’s mind during such an awful time.

Our team of expert Sydney family lawyers help take the guesswork out of the correct procedures to follow when filing an application for a divorce. With JB Solicitors, you can trust that your matter is in the hands of professionals.

Call us on 1300 287 911 to help put the worry out of the process of applying for a divorce.

Call us
two-lawyers-hi-5-ing-successful-divorce-arrangement

Looking For Lawyers Who Make A Positive Difference?

As lawyers, we sincerely uphold our responsibility of positively changing the community. We are passionate about making a positive difference and are inspired to work with like-minded people in making our community a better place.

Contact us

Stay Tuned To The Latest JBS News

Upward Arrow jb solicitors
JB Logo jb solicitors family lawyer
WEB PORTAL
Quick LInks
  • Home
  • About
  • Careers
  • For Clients
  • Payments
  • Contact
  • Our Fixed Fees
  • Events
  • Blog
Family Law
  • Divorce & Separation
  • Parents & Children Matters
  • Mediation & Arbitration
  • Property Settlements & Assets
  • Family Violence AVO's
  • Binding Financial Agreements
  • Wills & Estate Planning
Other Services
  • Conveyancing
  • Commercial Corporate Law
  • Civil Disputes Litigation
  • Criminal Traffic Law
  • Land & Environmental Law
  • Employment Law
CONTACT

Tel: 1300 287 911
Tel: 02 9723 8080

Email: enquiries@jbsolicitors.com.au

PO BOX 158 Canley Heights, NSW 2166

Facebook Twitter Youtube Instagram Linkedin
ADDRESS
ADDRESS

Sydney CBD Office:
Level 10, 4 Martin Place,
Sydney NSW 2000

Canley Heights Office:
Suite 3, Level 1/203, Canley Vale Rd. NSW 2166

Bondi Junction Office:
103/332-342 Oxford St., Bondi Junction NSW 2022

Privacy Policy • Terms & Conditions

Copyright © 2022 · Liability Limited By A Scheme Approved Under Professional Standards Legislation
  • Made with
  • by Digital Recipe