At Matti Lamb & Associates, our experienced divorce lawyers in Adelaide provide practical legal advice and representation for people navigating the end of a marriage. We understand that divorce can involve significant emotional, financial and family challenges, which is why we provide clear guidance and tailored solutions to help you understand your rights and next steps.
Whether you are considering applying for divorce, need assistance with the divorce application process, or require advice about related matters such as property settlements or parenting arrangements, our Adelaide family lawyers can provide the support you need.
Understanding divorce in Adelaide
In Australia, divorce is governed by the Family Law Act 1975 and formally ends a marriage. A divorce does not determine financial matters or parenting arrangements, which are dealt with separately.
To apply for divorce, you must show that your marriage has irretrievably broken down and that there is no reasonable likelihood of reconciliation. You do not need your spouse’s agreement to apply for divorce.
Our divorce lawyers in Adelaide can guide you through the process, explain your legal obligations and ensure your application is prepared correctly.
Who can apply for divorce?
Before applying for divorce, you must meet certain legal requirements, including:
- Separation for at least 12 months: You must have been separated from your spouse for a minimum of 12 months before making an application.
- Separation under one roof: You may still apply for divorce if you have continued living together but have separated as a couple.
- Children under 18: The Court must be satisfied that appropriate arrangements are in place for the care, welfare and development of any children under 18.
Our Adelaide divorce lawyers can review your circumstances, confirm your eligibility and assist with preparing and lodging your application.
How our divorce lawyers can help
Although applying for divorce may appear straightforward, mistakes with documents, deadlines or legal requirements can cause unnecessary delays. Having advice from an experienced divorce lawyer can help ensure the process runs smoothly.
We can assist with:
- Preparing and filing your divorce application
- Advising you on separation requirements
- Handling complex matters such as separation under one roof
- Responding to divorce applications where required
- Explaining your rights and legal obligations
- Advising on related family law matters
Divorce and property settlements
A divorce order does not finalise financial matters between you and your former spouse. Property settlements, including the division of assets, liabilities and superannuation, are dealt with separately.
Once your divorce becomes final, you generally have 12 months to commence Court proceedings for property settlement or spousal maintenance.
Our Adelaide divorce lawyers can advise you on:
- Property division
- Financial agreements
- Superannuation splitting
- Spousal maintenance
- Negotiating settlements outside of Court
Divorce and parenting arrangements
Divorce applications are separate from arrangements relating to children. Parents must make arrangements that support the best interests of their children, including decisions about where children live, time spent with each parent, education and healthcare.
Our family lawyers can assist with:
- Negotiating parenting arrangements
- Preparing Parenting Plans
- Applying for Consent Orders
- Resolving parenting disputes
Why choose Matti Lamb & Associates for your divorce?
Choosing the right divorce lawyer can make a significant difference during an already challenging time. At Matti Lamb & Associates, we provide personalised advice focused on achieving practical outcomes for our clients.
Our team can help you:
- Understand your options before making important decisions
- Navigate the divorce process with confidence
- Protect your financial and parenting interests
- Resolve disputes wherever possible without unnecessary conflict
- Receive experienced representation if Court proceedings are required
Our divorce process
We take a structured approach to make the divorce process as simple and efficient as possible:
- Initial consultation
We discuss your circumstances, answer your questions and explain your available options. - Preparing your application
We prepare the required documents and ensure your application meets legal requirements. - Filing your divorce application
We lodge your application with the Court and manage communication throughout the process. - After your divorce is granted
We advise you on important next steps, including property settlement and parenting matters.
Speak with a divorce lawyer in Adelaide today
If you need trusted divorce advice in Adelaide, Matti Lamb & Associates can help you understand your rights and guide you through the next steps. Contact our team today to arrange a confidential consultation.
Phone: 08 8155 5322
Email: [email protected]
Frequently asked questions about divorce in Adelaide
How long does it take to get a divorce in Adelaide?
Most divorces take 3–4 months from the date you file the application, depending on Court availability and whether the application is joint or sole.
Do both partners have to agree to a divorce?
No. One party can apply without the other’s agreement, as long as you can show the marriage has irretrievably broken down and you have been separated for at least 12 months.
Can we still live together and be separated?
Yes. This is known as “separation under one roof.” You will need to provide affidavits explaining the change in your relationship despite sharing a home.
Do I need to finalise property or parenting issues before divorce?
No. Divorce is separate from property and parenting arrangements. However, once your divorce is final, you have 12 months to apply for property settlement or spousal maintenance orders.
What if we were married overseas?
You can still apply for divorce in Australia if you or your spouse is an Australian citizen, usually lives in Australia, or has lived in Australia for at least 12 months before filing.
How much does a divorce cost in Adelaide?
The Federal Circuit and Family Court charges a filing fee. Concession card holders may qualify for a reduced fee. Our legal fees will depend on the complexity of your case, and we provide clear estimates upfront.
Do I have to attend Court for my divorce?
If you file a joint application and there are no children under 18, attendance is not usually required. If you file a sole application and have children under 18, you will likely need to attend the hearing.
What happens if my spouse can’t be located?
You can still apply for divorce but will need to apply for substituted service or dispensation of service. We can guide you through this process.
Can I oppose a divorce application?
Yes, but only on limited grounds, such as disputing the separation date or jurisdiction. You will need to file a response and attend Court.
Will getting divorced affect my Will?
Yes. In South Australia, divorce automatically revokes certain provisions in your Will relating to your former spouse. It’s important to update your Will after separation or divorce.
Can I remarry immediately after divorce?
No. You must wait until the divorce order becomes final — one month and one day after it is granted — before you can legally remarry.