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Divorce
The Family Law Team at Connolly Suthers can help you to obtain a divorce.
Our Townsville divorce lawyers have expertise across all areas of Family Law including divorce, parenting arrangements, child support, property settlements and spouse maintenance.
A divorce is an order made by the Court that legally dissolves a marriage.
To obtain a divorce in Australia, there is no requirement that one party be at fault. When granting a divorce, the Court does not consider why the marriage ended.
What is required is that you and your spouse have been separated for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to apply for a divorce even if you have lived together in the same home after separation.
You can apply for a divorce if either you or your spouse:
- Regard Australia as your home and intend to live in Australia indefinitely, or
- Are an Australian citizen by birth, descent or grant of Australian citizenship, or
- Ordinarily, live in Australia and have done so for 12 months immediately before filing for divorce.
You can make the Application for divorce either solely or jointly with your spouse. If you have children, the Court will need to be satisfied there are appropriate arrangements in place for the care of the children before they grant your divorce. This includes children, not only born to you and your spouse but other children of either of you who have lived with you during the marriage.
You do not need to have concluded a property settlement to apply for a divorce. However, once you have obtained a divorce, there are time limits for you to apply to the Court for Orders relating to a property settlement and spousal maintenance.
While divorce legally ends your marriage, it does not settle issues such as the parenting arrangements for your children, the division of property, child support or spousal maintenance. You should obtain legal advice from an experienced family lawyer to understand your rights and responsibilities before applying for a divorce.
The Connolly Suthers Family Law team approaches work with a sense of compassion and understanding – we understand that separation and divorce are deeply emotional experiences. All cases are handled sensitively and with the utmost respect. As the most trusted divorce lawyer Townsville team, our goal is to assist our clients to achieve a resolution of their matter in the best way possible and move forward in their lives.
