Not all marriages end in bliss, which is why some couples opt to file a divorce and end their marriage. While the emotional toll of divorce is heavy, so is the mental and physical toll it takes due to the complicated process of divorce. In the event that you have been served notice of a divorce or you want to file it yourself, here are a couple of things you need to know so you know exactly what you need to do when going through a divorce in Australia.
What to Do After You Are Served with Divorce Papers
One of the most daunting tasks is to deal with divorce papers after you are served with them. If you are served, it means that your spouse is ending the marriage with you. You need to be prepared with how you are going to cope with the legal aspects of divorce, including the divorce papers.
The first action you should take is to find a divorce lawyer. Hiring a family lawyer that has substantial experience with divorce before can be of great help to you as they can walk you through the entire process of it. They will also help you to choose between two options:
File a divorce: This is done when you and your spouse mutually agree to end the marriage and you both agree to the terms of the divorce. Filing for divorce is a much simpler process as compared to contested divorces as everything will be handled by the lawyer.
Contested divorce: If there is no mutual agreement between both parties, you will be asked to file for a contested divorce. This is a more difficult process as you will have to prove why you believe there is a need for divorce.
Prepare Yourself to Face the Tasks of Divorce
Divorce can be difficult, especially if you have children. Not only are you emotionally struggling with the meaning of the divorce, you also need to prepare yourself for physical tasks that will come along with it.
You will need to provide information about your finances and property, as well as your income and expenses. These are things that need to be discussed during the process of divorce.
Some things such as the children, property, and debt can be resolved right away. However, it may take a little more time to resolve property and debt, as these two things will be given to the court to make a decision on them.
It is best to be prepared for the process and the tasks that will come along with it. A good lawyer will be able to tell you everything that you will need to do and how long it will take for your divorce to be finalized. You will also be given advice as to
Next Steps After Filing a Divorce
Once the divorce is filed and isn’t contested, the process of divorce can take some time. It depends on how quickly you and your spouse can agree on the terms of the divorce. Your lawyers will work together with your spouse’s lawyers to come up with a divorce agreement. You should be able to come up with the divorce agreement within six months if things are going smoothly.
The entire process of filing, contesting, and settling a divorce can be quite a rollercoaster ride for many couples. Even if you both just want to end the relationship and part ways, there are still many legal and financial considerations that need to be settled first, especially those concerning your children. To make things easier during this difficult time, it’s essential that you find the best family lawyer to fight the case for you.
At Springfield Legal Service, we make it our responsibility to get to know you and your legal rights. From conveyancing to family law, our areas of practice are focused on giving specialist and tailored legal advice to our clients. For expert legal services, contact our Springfield solicitors today.