To file an application of divorce in Western Australia, you have to file it at the Family Court of Western Australia. Western Australia family courts also have a divorce kit which contains all forms and application which you would need to file a divorce application. For single application i.e. applications you file on your own, copies of the documents which was served to your spouse known as service, must be provided. You can only file this application if you have been separated from your spouse for a period of 12 months and above. In calculating the days of your separation just calculate a year of your separation from your spouse, either by using a calendar to check the date you got separated and then picking a day after that date before you file an application for divorce or any other method that is convenient for you.
Separation is when you and your spouse no longer live together as husband and wife and the marriage has broken down irretrievably.
The cost of divorce varies but have in mind that you will be charged a fee for filing whether you file your divorce application through a lawyer or online which would be paid to the family court when the application is filed. Some certain categories of people are however eligible to reduced filing fee such as people going through financial crisis or have government benefits. To know if you are eligible to reduced filing fees, seek legal advice and for information on court fees you can check the
Western Australia Family Court website. Appearance in court in Western Australia during the hearing of your applications depends on if your spouse does not object to your application and if you don’t have children below the age of 18 years and also if in your application form you chose the option which exempts you from appearing in court, then you don’t have to be in court during the hearing of your application. However in cases where there are children below the ages of 18 years, you will have to appear in court during the hearing of your application as the applicant and if it is an application filed by both spouses i.e. a joint application, then both parties will be asked by the court to be in court in situations where the court is not satisfied with the arrangements made for the children’s welfare.