How long is a divorce likely to take?

Date: Nov 05, 2015

If you have reached the point where you have decided that you no longer want to be married, then it may be time to start thinking seriously about going through with a divorce.

While it's always recommended that you firstly speak with an experienced family lawyer, you may also benefit from the basic information provided below regarding time frames and costs involved in the divorce process.

How long will divorce proceedings take?

After filing your divorce application, it will usually take at least four months for the divorce to be granted by the Court. Of course, this four-month time frame should be taken as a rough guide, as there could be complications that result in a protracted process.

For example, you may find that you have difficulties in serving your spouse with the court sealed copies of the divorce application. Any delay here is going to push back hearings and subsequent approval.

Note that you shouldn't plan to remarry before your divorce is finalised, as it is illegal to do so before you've had what's called a Divorce Order issued by the Court. Furthermore, you won't be able to remarry either in Australia or even overseas without a sealed copy of your Divorce Order.

How much is a divorce likely to cost?

If you are planning a divorce, you should be prepared to incur significant expenses. Firstly, there is the filing fee that's associated with applying for a divorce. There are instances however in which this Divorce Application fee may be reduced, for example if you hold certain concession cards that have been issued by the government or if you are experiencing financial hardship at the time of application.

Applications to pay reduced fees are necessary to gain access to the 'discounts'.

You may also find that it's necessary to pay a third party to serve your partner with the divorce papers, as you are unable to do so yourself. There are also legal fees, another category of costs which you may choose to incur to ensure your divorce proceedings go smoothly.

Divorce is often a difficult time for both parties, especially where there are children involved, so having the right legal assistance can make the processions easier. Speak to experienced lawyers in NSW to learn more about what options are available to you.