Getting divorced in Australia is an exciting, but stressful event. There are many factors to consider and several steps that must be taken before you can call yourself divorced and move on with your life. This article takes a look at some of the most important steps you will need to follow in order to get divorced in Australia. Whether you have been married for 5 years or 50, this article will be able to help you as you make the transition from married to single.
The first step
You need to make an appointment with a lawyer. In most states, you’ll have to pay a set fee for each consultation and have it scheduled at least one week ahead of time. At your first meeting, your lawyer will go over your options and figure out whether you qualify for a divorce on fault grounds (such as adultery) or no-fault grounds (which is less contentious). If there are kids involved, they’ll also discuss custody. Afterward, they’ll give you their fee estimate and tell you how long they think it will take.
The second step
Understand which type of divorce you're eligible for . You have a few options for how you can end your marriage in Australia. These include no-fault divorces, short-term marriages and others. The main difference is that each option comes with its own set of requirements and rights. For example, if your partner objects to your divorce but doesn't have reasonable grounds (such as adultery or abandonment), you may be able to file an uncontested divorce on grounds of irretrievable breakdown without involving a court. In contrast, if you were married for more than 10 years, a contested divorce that goes before a judge is often required; you may also be entitled to spousal support and child custody rights depending on where you live and what happened during your marriage.
The third step
Get informed and ask questions - You might be aware that getting a divorce is not always as simple as walking into your local government office and filling out some paperwork. In fact, there are a number of steps you need to take before you can officially call yourself divorced. The third step you should take is making sure you understand what’s required of you before taking action. For example, if one spouse wishes to end the marriage because they cheated on their partner, then divorce may not be an option depending on where they live. If either person was under 16 years old when they got married or it was never legally recognized then it won’t be possible either.
The fourth step
Finalizing paperwork - When you and your ex have finalized your agreement, there are some more papers you’ll need to file with a court clerk. However, these papers aren’t part of getting divorced. After all, even if you and your ex decide that you want a no-fault divorce that doesn’t necessarily mean you aren’t at fault for anything. For example, if one of you is responsible for paying child support and that responsibility hasn't been met during your marriage, then it will be needed after your divorce as well. If not handled correctly by both parties it could lead to future issues in family court.
The fifth step
Seek advice. In addition to talking with a divorce lawyer and your spouse, you may also want to seek advice from a family law specialist. The state bar association is a good place to start your search for an attorney with expertise in family law. Many states have free or low-cost mediation services that are also worth exploring. In all cases, remember that a mediated settlement generally means that both parties can avoid lengthy litigation and speak directly with each other about their concerns and demands during negotiations. This makes settling on child custody arrangements much easier than when lawyers are handling matters behind closed doors.
The sixth step
Do it! There’s a misconception that you have to have a good reason for getting divorced. In actuality, there are numerous reasons why people end their marriages. You are able to get divorced if you or your spouse has been unfaithful or even if both parties just realize they no longer love each other and no longer want to be married. It’s unfortunate that we live in a society where some people consider divorce a taboo and don’t feel like they can talk about it openly with others because of judgment, but not discussing your problems is never going help anyone.
