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Divorce Lawyers Melbourne
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Divorce is the formal legal step that brings a marriage to an end. While it is often discussed alongside separation, parenting, and property matters, divorce itself is a distinct legal process with its own requirements and timelines. At Aston Legal Group, our divorce lawyers provide clear, plain-language guidance so you understand what is involved and how divorce fits into your broader family law situation.
How We Support You Through Divorce
Many people use the term “divorce” to describe everything that happens when a relationship ends. In legal terms, divorce refers only to the formal dissolution of a marriage by the Court. Parenting arrangements and property settlements are dealt with separately.
Our divorce lawyers in Melbourne assist clients by explaining the process clearly, preparing and lodging applications, and guiding matters through to completion. We focus on helping you move through this stage efficiently, without unnecessary complexity or delay.
Serving Melbourne and Victorian Divorce Matters
Whether your divorce is straightforward or involves additional considerations, our lawyers provide advice that is practical, measured, and tailored to your circumstances.
As experienced divorce lawyers Melbourne clients rely on, we prioritise clarity at every stage. Our role is to ensure you understand what is required, what comes next, and how divorce interacts with parenting and financial matters.
How Divorce Applications Work
To apply for a divorce, you and your spouse must have been separated for at least 12 months. Separation can occur even if you continue living under the same roof, provided the relationship has ended.
You can apply for a divorce through:
- A joint application, where both parties apply together, or
- A sole application, where one party applies and serves the other
Whether you need to attend Court depends on your circumstances, including whether there are children under 18 and whether the application is joint or sole. Our lawyers assist with preparing applications, service requirements, and representation if attendance is required.
It is important to understand that divorce does not finalise property settlements or parenting arrangements. These matters must be dealt with separately.
Divorce When Your Spouse Lives Overseas
You may still apply for a divorce in Australia if:
- Australia is your home and you intend to live here indefinitely
- You are an Australian citizen by birth, descent, or grant of citizenship
- You ordinarily live in Australia and have done so for at least 12 months
This applies even if you were married overseas or your spouse currently lives outside Australia. Our divorce lawyers can advise on eligibility and procedural requirements in these situations.
Why Clients Work With Our Divorce Lawyers
Divorce is often one of the first legal steps people take after separation, and clarity at this stage matters.
Our divorce lawyers focus on explaining the process in plain language, setting realistic expectations, and ensuring applications are prepared correctly from the outset.
Clients value our measured approach, clear communication, and ability to guide matters forward without unnecessary complication. We take the time to understand your circumstances and provide advice that is practical, respectful, and aligned with your broader family law position.
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important things you should know
Important Things You Should Know about Divorce
After an Application for Divorce is filed, the Court usually lists the matter for a hearing a few months later. If the divorce is granted, it becomes final one month and one day after the hearing date. Timeframes can vary depending on the complexity of the application and Court availability.
If you have been married for less than two years, you will usually need to attend marriage counselling before applying for a divorce. The counsellor provides a certificate allowing the application to proceed. Exceptions may apply in circumstances such as family violence or where one party cannot be located.
Not everyone needs to attend Court. Attendance depends on factors such as:
- Whether the application is joint or sole
- Whether there are children under 18
- Whether there are complications with service or documentation
If your situation is complex, legal advice is recommended to ensure the application progresses smoothly.
You must be separated for at least 12 months before applying. If you reconcile for less than three months and then separate again, those periods can be added together. If reconciliation lasts longer than three months, the separation period resets.
Yes. Same-sex married couples can apply for divorce under the same legal framework as opposite-sex couples, provided they meet the separation and eligibility requirements. If you were married overseas or prior to a gender transition, legal advice may be helpful.
“Liberty is the right to do what the law permits.”
Initial Discussion
Discuss your situation with our team and understand how the divorce process applies to you.
Obligation-Free Consultation
We gather relevant details and explain the legal requirements, timeframes, and next steps.
Let Us Get to Work
Once ready, we prepare and lodge your application and guide it through to completion.
We’re With You. All The Way Through.
If you are looking for a divorce attorney in Melbourne who provides clear advice and steady support, our team is here to help.