Quick reference: what you need, costs and timing - Eligibility: 12 months separation (same‑roof separation accepted with evidence). Either spouse must be an Australian citizen, domiciled in Australia, or ordinarily resident and lived here 12 months before applying. - Where to apply: Federal Circuit and Family Court via the Commonwealth Courts Portal (https://www.comcourts.gov.au) or at the Adelaide Registry of the Federal Circuit and Family Court (phone and address via fcfcoa.gov.au). - Cost (2026): standard filing fee AUD 985. Reduced fee available for eligible applicants — check the court fee waiver form. - Service deadlines: if you apply alone, serve the other party at least 28 days before the hearing if they're in Australia, 42 days if overseas. - Final order: divorce becomes final 1 month and 1 day after the court makes the divorce order. Here’s a step-by-step look at the Adelaide process, some common mistakes to watch out for, and tips to make your application go more smoothly.

Prerequisites — who can apply and when

You can apply for divorce in Australia when your marriage has broken down irretrievably and you've been separated for at least 12 months. That 12 months applies even if you still live under the same roof — but you'll need clear evidence (dates, affidavits, counselling notes, or witness statements) showing the separation date.

At the date you file, either you or your spouse must meet one of these tests: be an Australian citizen, be domiciled in Australia (your permanent home), or be ordinarily resident here and have lived in Australia for 12 months immediately before filing.

Either spouse may apply alone. You can also file jointly — a joint application avoids the need to personally serve the other party.

Key numbers and dates (2026)

- Separation required: 12 months. - Filing fee (standard): AUD 985 when lodging a divorce application in 2026. - Service periods if sole application: at least 28 days before hearing if the other person lives in Australia, 42 days if they live overseas. - Finalisation: divorce becomes final 1 month and 1 day after the court grants the divorce order.

Where to apply

All divorce applications go to Division 2 of the Federal Circuit and Family Court. Lodgement is electronic through the Commonwealth Courts Portal: https://www.comcourts.gov.au. The Federal Circuit and Family Court main site and registry pages are at https://www.fcfcoa.gov.au where you can find Adelaide registry contact details and opening hours.

If you can’t file online for a good reason, get in touch with the Adelaide registry—they can help you find another way. Legal Aid SA (https://www.legalaid.sa.gov.au) and community legal centres in Adelaide can help people who can't manage the online process.

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Step-by-step: how to file for divorce in Adelaide

Follow these numbered steps to lodge a divorce application from Adelaide.

  1. Check eligibility and prepare documents. Gather your marriage certificate (original or certified copy), evidence of separation if you lived under the same roof, details of any children under 18, and your proof of identity. If you don't have your marriage certificate, order one from the relevant registry — most take a few days.
  2. Create an account on the Commonwealth Courts Portal. Go to https://www.comcourts.gov.au and register. The portal is how most people lodge divorce applications in 2026.
  3. Complete the application form online. The portal walks you through the Form 3 — application for divorce. You'll state whether it's a sole or joint application, list children and arrangements, and attach supporting documents. If both parties apply, both must sign the joint application electronically.
  4. Pay the fee. The standard filing fee is AUD 985 (2026). You can request a reduced fee or exemption if you're on a low income or receive certain government payments — check the court’s fee reduction form and supporting evidence requirements when you apply.
  5. Service of documents (sole applicants). If you applied alone, you must serve the other party with the sealed application and any court orders at least 28 days before the hearing if they live in Australia, or 42 days if they live overseas. Service must be personal unless the court orders otherwise. The portal has guidance on acceptable service methods; the Adelaide registry can confirm options.
  6. Attend the hearing (if required). Usually, simple divorces don’t require a court appearance because a judge can decide based on the paperwork. But if there are children under 18, or the court wants more information, you'll get a hearing date. Be on time, bring identification, and any sworn affidavits or evidence about separation or child arrangements.
  7. Receive the divorce order. If the court grants the divorce, a divorce order will be made. That order becomes final 1 month and 1 day later. You can then request an official divorce order certificate from the court if you need it for remarriage or other purposes.

Children and property — what divorce does and doesn't do

Divorce legally ends your marriage, but it doesn’t cover child custody, parenting plans, or property and money issues. If you need parenting orders or property settlement, you must file separate applications with the family court or finalise those agreements before or after the divorce. In many cases parents sort child arrangements by consent and then file consent orders or parenting plans.

If you have children under 18, the court will make sure proper arrangements are in place before granting a divorce. The court expects the welfare of the children to be addressed.

Practical tips for Adelaide applicants

- Start early: collect your marriage certificate and evidence of separation well before you intend to file. Ordering registry documents can take time. - Use the Commonwealth Courts Portal: it's faster and you get electronic receipts and case numbers immediately. - If you need help: contact Legal Aid SA (https://www.legalaid.sa.gov.au) or a community legal centre in Adelaide. They can help prepare forms and give advice about children and property matters. - Keep copies: save every document you upload and every confirmation email from the portal. If you serve papers personally, keep a sworn affidavit of service. - Check fee concessions: if you're on a Centrelink pension or low income, you may get a reduced filing fee — apply when you lodge the application.

Common mistakes to avoid

- Missing the 12‑month separation date: filing too early is the most common error. If you weren’t separated for a full 12 months, the court will dismiss the application. - Poor evidence for same‑roof separation: if you claim separation while living together, provide clear, dated evidence — affidavits, tenancy changes, counselling letters, or family statements. - Incorrect service: not properly serving the other party (wrong method, wrong timing) will delay the process or void the hearing. - Assuming divorce settles finances: many people think divorce ends property disputes. It doesn't. If you need a property settlement, start that process separately and be aware of strict time limits for filing property claims after divorce. - Forgetting children details: failing to provide accurate information about children under 18 will trigger a hearing and delay the order.

Alternatives and extra help in Adelaide

Consider mediation or family dispute resolution for parenting or property matters — these alternatives are often faster and cheaper than court. You can find family dispute resolution providers in Adelaide through Legal Aid SA or community services.

Basically, for urgent safety issues or protection orders, approach the South Australian Police, the Magistrates Court, or domestic violence support services immediately. Divorce won't provide immediate protection — other legal steps may be necessary.

Useful links and contacts

- Commonwealth Courts Portal: https://www.comcourts.gov.au - Federal Circuit and Family Court of Australia (registry information, forms): https://www.fcfcoa.gov.au - Legal Aid South Australia: https://www.legalaid.sa.gov.au - Family dispute resolution providers and community legal centres in Adelaide — search Legal Aid SA for local options.

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A divorce application from Adelaide is straightforward when you meet the 12‑month separation rule, have your documents ready and follow the Commonwealth Courts Portal process. Expect to pay a filing fee (AUD 985 in 2026), arrange proper service if you apply alone, and remember — divorce only ends the marriage; child and property matters usually need separate steps. Contact the Adelaide registry, Legal Aid SA or a community legal centre early if you need help getting forms right or proving same‑roof separation.

This article was created with AI assistance.