There is a difference between separation and divorce.
Separation
You do not have to file any applications or leave your home to separate from your partner. It is enough to say that you believe the relationship is over and that there is no prospect that you will get back together.
Divorce
Obtaining a divorce is the legal end to a marriage and requires you to file an application. Proceedings for divorce usually commence once all parenting and/or financial matters have been resolved. An application for divorce can be made after 12 months of separation. This is the only requirement for the granting of a divorce.
Applying for a divorce is relatively straightforward and in most cases can be obtained without engaging a divorce lawyer. However if you require assistance with this, Slater & Gordon's divorce lawyers can assist. Click here to view Slater & Gordon's divorce lawyers.
For further information, you can visit the Federal Magistrates Court website at www.fmc.gov.au