27 Mar “I need to speak to someone about my Divorce”
This is often the initial enquiry a person makes to their lawyer upon separation.
What they rarely (but occasionally they do) mean is that they are wanting assistance with the legal process of dissolving their marriage by way of Divorce.
The term divorce when used in the initial enquiry usually encompasses a property settlement. There are different terms used and indeed “divorce” can often involve many facets including:-
- Parenting arrangements and/or a child custody dispute;
- Property settlement negotiations and/or a legal dispute about how the assets of the marriage are to be divided between the parties;
- Domestic Violence allegations and/or legal proceedings relating to such allegations; and/or
- Child Support negotiations or assessments and reviews of those undertaken by the Child Support Agency.
The Divorce process is a relatively straight forward one. In fact, it can involve only a single document filed with the Court – an Application for Divorce. Sometimes there is a Court hearing, but not always and it’s a process that takes only a few short months in total and, as a result, is most often the least expensive and time-consuming process relating to the breakdown of a marriage.
Whilst there is no time limit applicable for when you must file your divorce application, reverse time limits apply whereby certain conditions must be met before you are eligible to apply for divorce. These include being separated and having lived apart from your spouse for at least 12 months and being married for a minimum of two (2) years before filing the Application for Divorce.
Related Tag: Divorce Lawyers Gold Coast