When a marriage ends, many couples can separate amicably. However, not every divorce follows a smooth path. In some cases, couples find themselves before the court, whether due to disputes about children, property, or the breakdown of communication. If you’re heading down the path of a litigated divorce, understanding the process can ease uncertainty and help you prepare with confidence. Here’s what to expect when your divorce heads to court in Australia and how Gryphon Lawyers can support you every step of the way.
Understanding Divorce and the Family Court System
In Australia, divorce is governed by the Family Law Act 1975 and handled by the Federal Circuit and Family Court of Australia (FCFCOA). It’s important to note that divorce only formally ends a marriage, it does not resolve issues like property division, spousal maintenance, or parenting arrangements. These matters are dealt with separately and may also require court intervention. You can apply for divorce either solely or jointly, but if there are unresolved disputes, especially around financial assets or children, your divorce may progress into contested litigation.
When Does a Divorce Go to Court?
While many divorces are finalised without a courtroom appearance, some situations make court involvement necessary. A divorce may go to court if:
- There is disagreement over parenting or financial matters.
- The parties dispute the date or nature of separation.
- One party opposes the divorce or fails to respond.
- There are issues with service of documents.
- There are allegations of family violence, neglect, or coercive control.
If any of these apply, the divorce process becomes more complex, and you may need to attend court to present evidence, respond to claims, and allow the judge to determine the outcome.
Steps in the Court Divorce Process
1. Filing the Divorce Application
The first step involves lodging an Application for Divorce via the Commonwealth Courts Portal. If filing jointly, both parties must sign. If filing solely, the applicant must serve the application to the other party. Once submitted, the court assigns a hearing date.
2. Serving the Divorce Papers
In a sole application, the divorce papers must be personally served on the other party at least 28 days before the hearing. If you are unable to locate your former spouse or they avoid service, you may need to apply for substituted service or a dispensation of service, which often requires court approval.
3. Attending the Hearing (If Required)
You must attend the divorce hearing if:
- You filed a sole application and have children under 18.
- There are disputes or contested facts in the application.
- The court requests your presence for clarification or further submissions.
If both parties agree and there are no children, the hearing may be finalised in chambers without either party attending.
4. Court Decision and Divorce Finalisation
At the hearing, the judge will review the application, assess the evidence, and ensure all legal requirements have been met, including the 12-month separation rule. If approved, the court issues a divorce order, which becomes final one month and one day later.
What Should You Expect in Court?
Family court proceedings are generally more formal than mediation or negotiation. You’ll be expected to:
- Dress appropriately and arrive on time.
- Follow courtroom etiquette and procedures.
- Present evidence clearly and honestly.
- Remain respectful, even if emotions are high.
If represented by a lawyer, they will speak on your behalf, present your case, and manage any legal arguments or objections.
How Long Does a Court Divorce Take?
A straightforward divorce may take around 4–6 months from application to finalisation. However, contested divorces involving complex issues or multiple hearings can take 12 months or more, especially if property and parenting matters are also in dispute. Delays can arise from incomplete documents, service issues, or needing additional evidence, so it’s essential to have legal guidance to avoid costly hold-ups.
Is Court the Only Option?
No. Many divorce-related issues can be resolved without going to court through:
- Mediation and family dispute resolution.
- Consent orders (for parenting or property matters).
- Binding financial agreements.
Litigation should usually be a last resort, but it becomes necessary when negotiation fails or there are concerns for safety, fairness, or enforceability.
How Gryphon Lawyers Can Help
At Gryphon Lawyers, we know that going to court can be overwhelming, especially when you’re already navigating the emotional and financial stress of a divorce. Our team provides clear, compassionate, and strategic legal representation to help you understand your rights, present a strong case, and secure the best possible outcome for your future. Whether you’re attending a single hearing or preparing for complex litigation, we guide you through every stage of the process from application to court preparation, to final orders.
Be Prepared, Not Overwhelmed
Facing divorce in court doesn’t have to be intimidating, especially with the right legal support. By understanding the process, gathering the necessary documentation, and seeking expert advice, you can protect your interests and ensure your voice is heard. Learn more about the divorce process and your options on our dedicated divorce page. If you’re preparing for a litigated divorce, or simply want guidance on your legal options, contact us today for a confidential consultation. We’re here to stand by your side when it matters most.
