How Long Does a Divorce Take if One Party Doesn’t Agree?

When going through a separation, many people worry about what will happen if their ex-partner doesn’t agree to the divorce. Will it stop the process entirely? Will it make things take longer? The good news is that in Australia, you don’t need your ex-partner’s consent to get a divorce, but their lack of cooperation can cause delays.

Under Australian family law, we operate under a no-fault divorce system. This means the only requirement is that the marriage has broken down irretrievably. To prove this, both parties must have been separated for at least 12 months. If both parties agree to the divorce and the paperwork is in order, the process can take around four months from application to finalisation.

If one spouse doesn’t want the divorce or refuses to participate, it won’t stop the process, but it can slow things down. In this case, the person applying for the divorce must file a sole application and arrange to serve the divorce papers on the other party.

Serving documents can be tricky if the other party avoids service or doesn’t keep their contact details up to date. If you're unable to locate your ex or they refuse to accept service, you may need to apply for substituted service or dispensation of service, both of which involve further court steps and can delay proceedings.

While the divorce itself deals only with the legal end of the marriage, issues around property settlement, parenting arrangements, or spousal maintenance can create tension during the process and lead to further complications. It's also possible that incorrect paperwork or failure to meet legal requirements (like proving separation) could result in your application being delayed or dismissed.

Even if your ex-partner doesn’t agree to the divorce, you can still move forward, but expect the process to take longer. Ensuring your documents are correctly prepared and legal requirements are met can reduce unnecessary delays. If you're facing resistance or difficulty serving your ex-partner, it’s a good idea to speak with a family lawyer for guidance.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.