In Australia you must be separated from your spouse for 12 months and 1 day before you can apply to the Federal Circuit Court of Australia for a Divorce. For example, if you separate on 12 September 2019, you cannot apply to the Court before 13 September 2020. The date of separation is that date that either yourself or your partner consider the marriage is over, and clearly communicate this to the other party.
You can separated and continue to reside under the same roof provided you can establish that you were clearly separated from your partner. For example, you may have told your partner the relationship was over, moved into another bedroom, and commenced operating your finances independent of the other person.
At North Coast Law our friendly Family Lawyers offer fixed fee Divorce services. Contact us on 07 5445 0544 and ask us for a quote.