How Long Will My Divorce Take in NSW?

If you’re thinking about ending your marriage, it’s natural to wonder how long the divorce process will take — and what might slow it down. While every situation is different, most divorces in Australia follow the same basic process and timeframes under the Family Law Act 1975.

At Wallen Family Law, we help clients across Wollongong and NSW navigate the process smoothly and avoid unnecessary delays.

1. The 12-Month Separation Requirement

Before you can apply for divorce in Australia, you and your spouse must have been separated for at least 12 months.
This is a mandatory waiting period — it applies whether you were living apart or separated under one roof (in which case you’ll need to provide additional evidence). You can’t shorten this period, even if both parties agree to divorce.

Once that time has passed, you can lodge your application online through the Commonwealth Courts Portal.

2. The Application Stage (1–2 weeks preparation)

Preparing your divorce application usually takes one to two weeks, depending on:

• Whether it’s a sole or joint application

• How quickly you can gather your marriage certificate and ID documents

• Whether affidavits are needed (for example, if you were separated under one roof or married overseas)

Your lawyer can help ensure the paperwork is complete before lodgement, reducing the risk of the Court requesting further information.

3. Filing & Court Processing (6–10 weeks)

Once lodged, your application is processed by the Federal Circuit and Family Court of Australia.
Timeframes can vary depending on workload and location, but most hearings are listed 6 to 10 weeks after filing.

If you’ve made a joint application, you usually don’t need to attend a hearing. If it’s a sole application, attendance is only required in specific circumstances — such as where the other party opposes the divorce, you requested to attend, or you need substituted service.

4. When the Divorce Becomes Final

After the hearing (or once your application is approved on the papers), your Divorce Order becomes final one month and one day later. This is when your marriage is legally dissolved and you are free to remarry if you wish.

5. How Long the Entire Process Takes

If everything runs smoothly, the process from application to final Divorce Order typically takes three to four months. However, it may take longer if:

• The other party is difficult to serve or cannot be located

• Additional evidence is required

• There are translation or overseas service issues

• Court backlogs occur

Example timeline:

Separated: 1 January 2024

Eligible to apply: 2 January 2025

Application filed: February 2025

Divorce hearing: April 2025

Divorce finalised: May 2025

6. Divorce vs Property Settlement Timeframes

It’s important to remember that divorce only ends the marriage — it doesn’t divide property or determine parenting arrangements. Property settlement and parenting matters can be resolved before, during, or after the divorce process.

However, there are strict deadlines:

• Married couples have 12 months from the date the Divorce Order becomes final to file property or spousal maintenance applications.

• De facto couples have two years from the date of separation.

We always recommend starting property discussions early to avoid time pressure later.

7. How to Avoid Delays

To keep your divorce moving efficiently:
✅ Ensure separation is clearly documented
✅ File a complete and accurate application
✅ Serve documents promptly (for sole applications)
✅ Provide any required affidavits early
✅ Seek legal advice if you’re unsure — errors can delay approval

Our team can prepare, file, and monitor your application so everything progresses as quickly as possible.

Wallen Family Law — Family Law, Made Clear.

If you’re ready to apply for divorce or need help understanding where to start, we can guide you through the process from start to finish.
📍 Based in Wollongong, assisting clients across NSW.
💬 Book your free 15-minute consultation today for clear, practical advice.

Disclaimer: This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance. Always seek professional legal advice for your specific situation.