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The road to singlehood once more

Digging deeper into the divorce process

It’s not every day that we get married. It’s not all the time that we file for a divorce. It’s not a norm to hurt our kids by breaking the family. It’s not a common thing to render our children as products of a broken home.

When we made a decision to end our marriage, there are hundreds of things that we need to consider and take action for, mainly:

  • Has it been twelve months since the separation – the family law court needs to get proof that the marriage is irrevocable done with, and there is not a single chance that the couple will get back together.
  • Does your marriage reached more than two years  – for couples who are married for less than a year only, they will be advised to try a marriage counseling prior to formally filing for a divorce. But in cases where there is domestic abuse or the spouse cannot be seen anywhere, then counseling can be excused.
  • Do you know where to find your spouse physically – a divorce application will be sent to the spouse, and so it is relevant that you where the other partner is.
  • Fill out the divorce application form. You can either get the form online, or from a court registry. Two copies must be filled out.
  • You need to secure a copy of your marriage certificate.
  • You must have a copy of your citizenship certificate or passport
  • A filing will be asked, and so it is best to bring money wherever you go.
  • You should complete the divorce application form accurately. Divorce can be filed by one spouse or sole application, or by both spouses called joint application.
  • After the forms are signed, then it’s time to officially file for the divorce by submitting the legal documents to the family court.
  • If it’s a sole application, then you should serve your spouse with the divorce papers. If it’s a joint application, no need to serve the spouse.
  • You must attend the divorce hearing if there are children involve.  If there are no kids, you have the option not to attend the hearing. Any missing or important information needed can be sent to you. But this will make your divorce case longer than expected since a new divorce case hearing date will be filed.
  • Even when the divorce proceeding is still ongoing, you can ask for spousal maintenance, orders regarding the children, and property settlement.
  • Once the court approves your divorce, you will get your divorce orders via mail, a month and a day after the approval.

Family lawyers in Sydney are trained to handle difficult divorce settlements, as well as difficult spouses. It is not an easy task to guide a frustrated spouse with the legalities of the law of the divorce, nor is it easy to explain to the children the process of the custody hearing. The best lawyers in family law are extraordinary in their chosen career.

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