What Happens at a Divorce Hearing in Queensland?

If you’ve applied for a divorce in Queensland, you may be wondering what to expect at the hearing. 

Whether you’re attending in person or your lawyer is representing you, understanding the process can help reduce stress and ensure you’re well prepared.

Summary: A divorce hearing in Queensland is generally straightforward, especially if the divorce is uncontested. It typically involves the court reviewing your application and making sure the legal requirements for divorce have been met. In most cases, neither party needs to attend unless there are children under 18 or the court requires more information. Hearings are held in the Federal Circuit and Family Court of Australia and are focused solely on the legal end of the marriage not property or parenting disputes, which are handled separately.

Do You Need to Attend the Divorce Hearing?

In many cases, no. If your application is a joint application and there are no children under 18, the court can grant the divorce without either party attending.

You must attend the hearing if:

• You filed a sole application and have children under 18
• The court requests your attendance (usually due to errors or missing documents)
• There are complications in the application that need clarification

Your attendance can be in person, by phone, or via video link depending on the court’s requirements.

What the Court Looks at During the Hearing

The divorce hearing is not about assigning blame or discussing the details of your separation. It’s a brief administrative process that checks if:

• You and your spouse have been separated for at least 12 months
• The court has jurisdiction to hear your case (usually if one party is an Australian citizen or resident)
• The application was served correctly (for sole applications)
• Proper arrangements have been made for children under 18, if any

If everything is in order, the divorce will be granted. The order becomes final one month and one day after the hearing.

What to Expect on the Day of the Hearing

Here’s what typically happens at a divorce hearing:

1. Arrive early and check in with court staff
2. Wait for your name or case number to be called
3. A registrar (not a judge) will handle the hearing
4. You may be asked a few basic questions about your application
5. If there are no issues, the divorce will be granted on the spot

The hearing itself usually takes only a few minutes.

What Happens After the Divorce Hearing?

If your divorce is approved:

• You’ll receive a divorce order via the Commonwealth Courts Portal
• The divorce becomes final one month and one day later
• You’ll then be legally divorced and able to remarry if you choose

It’s important to note that a divorce order does not resolve property or parenting matters. You should seek legal advice to finalise these issues separately and within the relevant time limits.

When Should You Contact a Family Lawyer?

You should consider getting help from a divorce lawyer if:

• You’re unsure about the paperwork
• Your spouse doesn’t agree to the divorce
• You’ve had trouble serving documents
• There are children involved or international issues
• You want to address property division or parenting arrangements separately

A family lawyer can ensure your divorce runs smoothly and help you plan for what comes next.

We Can Break Down the Process and Help You Prepare

Divorce hearings in Queensland are typically quick and administrative, especially if your application is straightforward. However, complications can arise, especially when there are children, disagreements, or service issues involved. At Simonidis Steel Laywers, we can help you prepare to make the process far less daunting.

Get in touch with us today so we can start with the process.

Key Takeaways

• Most divorce hearings are simple and don’t require both parties to attend.
• You must attend if there are children under 18 in a sole application.
• The court focuses on legal requirements not property or parenting issues.
• A divorce order is final one month and one day after the hearing.
• Legal advice is recommended for parenting, property or complex matters.

FAQs

Do both spouses need to attend the hearing?
No. If it’s a joint application with no children under 18, neither party needs to attend. For sole applications with children, attendance is usually required.

Can I attend the hearing online?
Yes. Many courts allow telephone or video appearances, especially in regional areas or under special circumstances.

What happens if my spouse doesn’t respond to the divorce application?
If you’ve filed a sole application and properly served them, the court can still grant the divorce without their response.

Can we sort out property and parenting at the divorce hearing?
No. These are separate legal processes and should be handled through consent orders, negotiation, or court proceedings if needed.