When facing a divorce, it’s completely normal to feel overwhelmed, confused, and even a little lost. In Queensland, the legal process can seem complicated without the right guidance. Thankfully, James Noble Law, one of Brisbane’s most respected family law firms, is here to simplify things. Here are some of the most commonly asked questions about divorce in Queensland, along with how the team at James Noble Law expertly addresses each concern.
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1. How long do I have to be separated before applying for a divorce?
James Noble Law answers: You must be separated for at least 12 months before applying for divorce. Separation can happen even if you’re living under the same roof — as long as you can prove that you were leading separate lives. James Noble Law helps clients gather the right evidence and prepare affidavits if needed to smooth this part of the process.
2. Do I need to prove fault (like cheating or bad behaviour)?
James Noble Law answers: No. Australia follows a “no-fault” divorce system. This means the only ground for divorce is that the marriage has broken down irretrievably. James Noble Law ensures clients focus on moving forward, rather than getting stuck in blame or accusations.
3. What if my spouse doesn’t agree to the divorce?
James Noble Law answers: One party can still proceed with a divorce even if the other party disagrees. James Noble Law assists in filing a sole application and guides clients on how to properly serve divorce papers if cooperation isn’t forthcoming.
4. How does property settlement work?
James Noble Law answers: Property settlement is separate from the divorce itself. You can settle property matters as soon as you are separated (even if under the one roof). It’s crucial though to finalise property matters within 12 months after the divorce is granted. James Noble Law uses the four-step process (identification, valuation, contribution assessment, and future needs) to ensure a fair division of assets.
5. What happens with the kids?
James Noble Law answers: Children’s welfare comes first. Divorce itself doesn’t decide parenting arrangements — separate negotiations or court orders are needed. James Noble Law prioritises child-focused outcomes, offering mediation and collaborative law options to avoid unnecessary conflict. You can settle children’s matters as soon as you separate also and only have one year after divorce to request the Court intervein.
6. Can I stay in the family home during the divorce?
James Noble Law answers: Yes, you can. Often, one party remains in the home while property settlement negotiations take place. James Noble Law provides practical advice on living arrangements, ensuring safety and financial fairness for all parties.
7. How much does getting a divorce cost?
James Noble Law answers: The court filing fee for a divorce application is currently about $1,060, but concessions may apply. James Noble Law offers fixed-fee divorce packages to give clients financial peace of mind — no surprise bills, just clear, upfront costs.
Settling property and children’s matters are separate to divorce so we offer a free 20-minute consultation to assist you understand these costs.
8. Do I have to go to court?
James Noble Law answers: Not always. If there are no children under 18, and the divorce is uncontested, attendance at court isn’t required. James Noble Law often handles the entire process electronically, saving clients time, stress, and unnecessary court appearances.
9. How long does it take to finalise the divorce?
James Noble Law answers: Once the application is filed, it usually takes about 4 months for the divorce to be finalised, assuming everything runs smoothly. James Noble Law ensures applications are meticulously prepared to avoid delays.
10. Can James Noble Law help if my situation is complicated?
Absolutely. Whether it’s cross-border issues, domestic violence concerns, high-value assets, or complex parenting disputes, James Noble Law has decades of experience handling even the trickiest cases with sensitivity and skill.
Why Choose James Noble Law for Your Divorce?
At James Noble Law, the focus is not just on winning cases — it’s on helping families transition to a new chapter of life with dignity, respect, and minimal stress. Their experienced team offers personalised service, fixed fees, and a collaborative approach that puts your well-being first.
If you’re ready to take the next step or just want to understand your options, James Noble Law is here to guide you every step of the way.
Seek Legal Advice
Should you have any questions or concerns regarding your rights, feel free to contact one of our experienced solicitors to better understand your rights.
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You may also like to know more information about the
- Divorce and Property Settlement: Can you do one without the other?
- Statutory Time Limits in Property Settlements.
- What Are You Worth in Your Property Settlement?
- Australian divorce law property settlement: Divorce Enduring Power of Attorney and Wills.
- 4 Key Points To Note About Property Settlement.
- Divorce property settlement examples: Wow I won Gold Lotto! What will I do with my $1M bucks?
