Friday, 22 May 2015

The Process of Divorce – What Can You Expect?

It is often a painful and difficult time when a relationship breaks down. For many couples, divorce becomes the only solution, but the idea of it can seem intimidating. Solicitor and lawyer Glenn Duker outlines what you can expect during the process.

Glenn Duker
Period of Separation

Firstly, the law in Australia requires that you and your partner be separated for at least 12 months before you can apply for a divorce. However, if you are separated but living under the same roof, or have lived together for any amount of time during the separation, there are additional requirements. It’s in situations like this that it’s often helpful to seek professional legal advice.

Preparing Your Application

Complete an application for divorce either by yourself or jointly with your former partner. This form is fairly straightforward and can be obtained from the Federal Circuit Court of Australia website. When you file for divorce (this means sending copies to the court), you will be charged a Court filing fee.

Your Divorce Hearing

It is mandatory to attend a divorce hearing if you have made the application for divorce by yourself, or if you and your former partner have children under the age of 18. However, if neither of these situations apply, you can choose to not attend. Divorce hearings are usually brief and can be attended by your lawyer on your behalf. The Registrar may ask you questions about the information in your application. In situations where young children are involved, they may also ask questions in regards to their arrangements, such as how the children are financially supported, which parent they primarily live with, and how often they spend time with the other parent.

Once the Registrar is satisfied with the grounds for divorce and the application is properly served on the other party, the court will grant the divorce and the order will become final one month and one day from the date of the hearing.

If you are in this situation and need more information or assistance, give lawyer and solicitor Glenn Duker a call.  He can provide trusted legal advice and support through the divorce process.

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