Step-by-Step Guide — Applying for a Divorce in NSW (2025)

Divorce marks the legal end of a marriage, but it doesn’t have to be confusing or stressful.
In Australia, the divorce process is mostly online, and you can apply yourself — but it’s important to understand the requirements, documents, and timeframes before you start.

At Wallen Family Law, we guide clients across Wollongong and NSW through each stage, helping make the process clear and stress-free.

1. Make Sure You Meet the Requirements

Before filing for divorce, you must meet these basic criteria under the Family Law Act 1975:

• You’ve been separated for at least 12 months and one day

• There’s no reasonable likelihood of reconciliation

• You or your spouse is an Australian citizen, permanent resident, or regards Australia as your permanent home

You can be “separated under one roof” and still qualify (you’ll just need to provide extra evidence). See our article on separation under one roof.

2. Decide Whether to File Solely or Jointly

You can apply for divorce either:

• Jointly: both parties sign and agree — this is generally simpler, faster as no service is required.

• Solely: one person applies — you must arrange service of documents on your spouse to ensure they are aware of the Divorce.

3. File the Application Online

All divorce applications are now filed through the Commonwealth Courts Portal.
You’ll need to upload:

• Your marriage certificate

• Proof of citizenship or residency

• Any affidavit (if separated under one roof or married overseas)

• The filing fee (see Family Court Website for current fees: FEES )

4. Serve the Application (Sole Applications Only)

If you’re applying alone, your spouse must be formally served with the application.
You can’t serve them yourself — it must be done by someone over 18 and usually requires a signed acknowledgement. We can guide you as to how best to achieve service using our recommended Process Server Agencies.
If your ex-partner’s location is unknown, you can request a Substituted Service or Dispensation of Service order.

5. Attending the Hearing (Only in Certain Cases)

Most divorces do not require you to attend court.
You’ll only need to attend the hearing if:

• You indicated in your application that you wish to attend;

• The Respondent has requested to attend the hearing (where there are children under 18);

• The Respondent has filed a Response to Divorce opposing your application; or

• You are seeking an order for substituted service or dispensation of service.

If none of these apply, your divorce will generally be dealt with on the papers and finalised electronically.

6. When the Divorce Becomes Final

Once the divorce is granted, it becomes final one month and one day later.
At that point, you’re legally divorced — and free to remarry if you choose.

Important: you have 12 months from the date your Divorce Order takes effect to begin any property settlement or spousal maintenance applications.

7. When to Get Legal Advice

While the process is fairly simple, getting legal advice can help ensure:

• You meet all legal and procedural requirements

• Your affidavit evidence (if needed) is correctly prepared

• You understand how divorce affects property, spousal maintenance, and parenting arrangements

At Wallen Family Law, we make the process clear and straightforward — handling the details so you can focus on what’s next.

Wallen Family Law — Family Law, Made Clear.

If you’re ready to apply for divorce, we can help you prepare, file, and finalise your application smoothly.
📍 Based in Wollongong, assisting clients across NSW.
💬 Book your free 15-minute consultation today for practical advice tailored to your situation.

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.