Those who have come to terms with the reality that this marriage is ending and the fact that you need to stop putting more effort to make it work. You are most probably looking for ways to end everything legally, in the best possible manner so you could move on to the recovery phase, emotionally and financially.
But the question is what comes next? Your approach and attitude toward divorce depend greatly on your unique situation. However, luckily some states and divorce lawyers offer few solutions which, if adopted terminate the marriage after approval from the court. Let’s explore this one by one.
MEDIATED DIVORCE CONTRACTS:
Family lawyers are hired by both parties in the case of collaborative divorce. Willingness from both lawyers, to make things work is needed. This method provides the best possible outcome all the parties involved especially children.
CONTESTED DIVORCE SETTLEMENTS:
Contested divorce settlements are the kinds of divorce you are most familiar with because of making their way to news reports with celebrities. Unluckily, this type of divorces happen in the real world as well and usually happens when two former spouses cannot fail to come to term with each other on important matters. Individual lawyers are hired by both partners to represent their interests in an “an adversarial contest.”
A contested divorce is considered necessary, usually, when
- Quarrel on the custody of the child
- No agreement could be made to divide the financial assets
- In case of an abusive marriage
If unfortunately, you are in this option you need a family lawyer who is experienced in their area, you can trust him to represent your interests.
Here are the answers to most ASKED queries about divorce.
How long must I be separated before I can apply for a divorce?
How long must I be separated before I can apply for a divorce? This is the most frequently asked question. The answer is you can only apply for divorce in Australia after you have been separated for a period of at least twelve months. If you have been separated, but reconciled for 3 months or more, then the 12 months period starts after the reconciliation.
Can I date during the separation?
The answers are again, yes. If you are married to one person and dating another during the separation period is not considered adultery in the eyes of law. This aspect of your social life cannot be used as grounds for divorce in the court.
What is considered by the court in divorce applications?
The family act law has established the principle of no-fault divorce in the Australian law which means the court does not concern why the marriage ended. The only reason you need to provide is marriage has been broken down regardless of the reason. To prove that marriage has been broken down, you must have been separated from your potential former spouse for at least 12 months.
Do I have to attend the divorce hearing?
The answer to this question varies from situation to situation and depends on the question of what do you have a child from marriage and is he or she under 18 or ages more.
- No child under 18:
In this situation, you do not need to attend the court hearing. This applies in both cases, solo and joint application.
- Joint application with children under 18 :
If you made a joint application for divorce, you are not required to attend the hearing even if there is a child involved, from the marriage, who is under 18.
- Sole application with children under 18
If the solo application was made by you to get a divorce from your partner and there is a child involved and he or she ages less than 18, in this case, you are required to attend the hearing.
In case of no response to divorce, your potential former partner is not bound to attend the hearing although he or she can attend it if he or she is willing to do so.
In response to divorce, if a person has opposed the application, he or she has to appear in the court on the hearing date.
A child of the marriage includes:
- Any child of your’s or your spouse’ s born before marriage or after separation
- A child adopted by you or your spouse as a couple
- Any child who you were used to treating as your kid before the separation. I.e. foster child.
What if I am unable to attend the hearing?
If you cannot make it to the court to attend the hearing of divorce for any reason, you are entitled to ask the court for telephonic appearing.
If I have been married less than two years, what do I need to do to get divorced?
If you have been to less than two years a want a divorce, you need a counseling certificate. To get this certificate you need to get counseling. The two years are counted from the date you registered your marriage and applied for divorce. You must have to be separated from your spouse from 12 to apply for divorce.
I married overseas – can I get a divorce in Australia?
If you got married overseas and you want to know if you can apply for divorce in Australia or not? The answer to this question is, yes you can apply for divorce in Australia if your case fulfills these situations:
- Either you are your potential former spouse regard Australia as your home and plan to live in Australia as her citizen.
- Either you are your husband are an Australian citizen by birth or by descent
- Either you or your spouse has been granted Australian citizenship
- Either you are your husband have been living in Australia for 12 months before applying for a divorce.
WHERE TO FROM HERE?
The most important question is what to do next? Where to go from here?
We have helped thousands of separating couples-same as your case- and have a focus on the collaborative process. Ian Field is a highly experienced mediator and has conducted many hundreds of family law cases. To speak with someone that can help, call us on 1800 217 217. Aylward Game, Ahead of the Game.