What To Do When Getting A Divorce
Sometimes life doesn’t always go the way we would like it to. Everyday life can be challenging and stressful and really get to our nerves sometimes. Little things like a dirty kitchen, a full bin or just a stressful day at work can lead to big arguments that let the once so loving relationship suffer. The sad truth is that over 50,000 marriages fail every year in Australia, and not all of them break down due to small household arguments. Some marriages develop toxic traits over time and can involve violence and betrayal. It gets especially difficult when there are children involved in the family life. Fights and discussions about custody and the stay of the children can often get out of control, which is why it would be better to hire a family lawyer like the experts from Madsen Law and let them take care of the legal issues.
Can I Get Divorced?
Once you have decided that there is no more hope for the relationship and you want to separate from your partner for good, you should look at whether you are eligible to apply for a divorce. First of all you have to be separated for a minimum of 12 months to apply. Either yourself or your spouse has be an Australian Citizen, live in Australia and consider Australia your permanent home and have lived in Australia for over 12 months before the divorce application However, if you have been married for under 2 years, you will need to attend family counselling and file a counselling certificate. The application can either be sent by one person or both parties together.
What Does Separation Mean?
Usually, separation means that the two spouses are living apart from each other. Whether that was a mutual decision, or one of the two parties has decided to leave by themselves doesn’t matter in this case. Under special circumstances, it is possible to be separated and still live under the same roof, however, certain criteria must be met.
How Can I Apply?
Applications have to be sent to the Federal Circuit and Family Court of Australia. You can make the application together or on your own. Not every couple has to go to court when going through with the divorce, whether or not you have to go depends on whether the application was made together and whether you have children together that are under the age of 18.
It is interesting to know that the decision does include in arrangements regarding children and and dividing money and properties. Both of these topics will be handled separately.
Getting a divorce granted can take time and in some cases is a lengthy process. The court might not make a decision straight away and may require more information to grant a divorce. In any case, it is highly recommendable to get in touch with an experienced family lawyer that will work in your best interest and will achieve the best possible outcome for you.