Divorce is usually a long and sometimes draining experience, when applying for a divorce, there are provisions in the family law that provide avenues for reconciliation. To begin with, there is a minimum separation period that the couple must be separated.
The law will also provide for mediation and reconciliation before courts listen to the application of divorce especially for young marriages. The steps involved in a divorce process include the following:
Meeting the criteria
To qualify for a divorce, base your eligibility on the following:
Separation can be possible whether the two parties seeking to divorce live under one roof or not, as long as the relevant conditions that meet the legal definition of separation are met.
You can only apply for a divorce to a jurisdiction that has the authority to handle the divorce. If you married overseas before relocating to Australia or one partner lives overseas, you can ask a family lawyer for guidance on if your divorce can be handled by local courts.
Applying for a divorce is quite straightforward, and you might not need a family lawyer for this. All you need to do is ensure that you have met the criteria set by the law. There are various outcomes that can arise from the application;
If one party is the one making the application, a copy of the application must be served on the other party, who can file a response. If both parties make a joint application, the court will set the date for a hearing. Where there are disputes like about the date of separation, the court will hear and determine this first to decide whether the divorce proceedings will go on or not.
When a hearing has been granted, the next step is to attend it. In many cases, you might not have to attend your divorce hearing but where there is a child of the marriage below adult age you must attend. Also, if you filed a response to the application for divorce you would rather attend so that it is not be granted in your absence.
You can attend your hearing via phone but you must make an application beforehand for this to be allowed. The court will usually want to know about the current living arrangements for the children during the hearing. At this stage, the court only considers whether the divorce should be granted or dismissed rather than the causes of the divorce.
If you satisfy the court that a divorce should be granted, then the court will grant a divorce.