Divorce in South Australia is a straightforward legal process. You must be separated for 12 months, meet basic eligibility criteria and file an online application with the Federal Circuit and Family Court of Australia. Divorce only ends your marriage — it does not finalise parenting or property matters. This guide explains the steps, timelines and what to expect.
What is divorce in Australia?
Australia has a no-fault divorce system. This means the court does not look at why the marriage ended — only whether it has broken down irretrievably.
To apply for a divorce, you must show:
- You’ve been separated for 12 months and 1 day
- There is no reasonable likelihood of reconciliation
- At least one of you is an Australian citizen, permanent resident or has lived in Australia for the past 12 months.
Step-by-step: How divorce works
- Decide you’re separating
Separation happens when one or both people decide the relationship is over and communicate this clearly.
You can separate while still living in the same home.
- Count the 12-month separation period
If you lived under one roof, you may need extra evidence such as:
- Statements from friends or family
- Proof of separate finances
- Evidence showing you functioned independently.
- File your divorce application
You can file:
- Sole application (you apply on your own), or
- Joint application (you apply together).
Applications are filed electronically.
- Serve documents (if sole application)
You must legally serve your spouse with the paperwork unless it’s a joint application.
- Court considers the application
Most people don’t need to attend the hearing unless:
- There are young children, and
- You filed a sole application.
- Divorce becomes final
Your divorce order becomes final one month and one day after the hearing.
Only then are you officially divorced.
Important time limits
Once your divorce is final, you have 12 months to start property or spousal maintenance proceedings.
Common mistakes to avoid
- Thinking divorce automatically divides assets
- Delaying property settlement
- Not planning for parenting arrangements early
- Letting conflict escalate before getting advice
Why Resolve handles this differently
We take a calm, structured approach to conflict resolution.
The divorce application is usually the easiest part of the journey. The negotiation to resolve the property split, the childrens living arrangements, child support and spousal support are often the reason conflict rises.
Our job is to replace confusion with clarity, give you a predictable plan and reduce the emotional noise that makes decisions harder.
One appointment is usually all it takes to get you informed, planned and clear about what you need for your future.
FAQs
How much does divorce cost?
Court filing fees apply; waivers exist for concession holders.
How long does it take?
Usually three to four months from filing.
Do I need a lawyer?
Not always — but legal advice helps you avoid mistakes that affect property or children’s matters.
A divorce is different from a property settlement. A lawyer will help you understand the difference.
Unsure where to start? Speak to our team by booking a free 15-minute call – click here.