If you are considering getting a divorce in Australia, then there are some things you need to know. The process can be complicated, and there are a lot of steps that need to be taken in order to make it happen. In this blog post, we will discuss the 10 most important things you need to know about getting a divorce in Australia. Keep reading for more information!
What is a divorce?
A divorce, also known as a dissolution of marriage, is the legal process of dissolving a marriage. This means that the marriage is officially terminated and both parties are no longer considered married.
What are the grounds for getting a divorce in Australia?
In order to get a divorce in Australia, you must have one of the following grounds:
- Irretrievable breakdown of the marriage – This is the most common ground for getting a divorce. It means that the marriage has broken down and cannot be repaired.
- Adultery – If one spouse has had an affair, then this can be grounds for a divorce.
- Desertion – If one spouse has left the other without their consent and been gone for at least 12 months, then this can be grounds for a divorce.
- Separation – If the couple has been separated for at least two years, then this can be grounds for a divorce.
- Cohabitation – If the couple has been living separately and apart for at least three years, then this can be grounds for a divorce.
Is there a waiting period?
Yes, there is a waiting period of at least 12 months before you can file for divorce. This is known as the “cooling off period”, and it gives couples a chance to reconsider their decision to get divorced.
What is the process for getting a divorce in Australia?
The process for getting a divorce in Australia can be complicated, so it is important that you consult with an attorney. In general, the steps involved are as follows:
– File for divorce – This can be done through the family law courts.
– Serve the divorce papers – This is the process of delivering the divorce papers to your spouse. They must be served in person, or by registered mail.
– Attend a hearing – A hearing will be scheduled so that both parties can have their say in front of a judge.
– Finalize the divorce – Once the judge has made a decision, the divorce will be finalized and both parties will be legally divorced.
What are the effects of getting a divorce in Australia?
There are a number of effects that can come from getting a divorce in Australia. These include:
– Child custody – If you have children, then you will need to decide who will have custody of them.
– Child support – One parent may be required to pay child support to the other.
– Property division – The couple will need to divide their property equally (or as agreed upon by both parties).
– Spousal maintenance – One spouse may be required to pay spousal maintenance to the other.
How can I get help?
If you are considering getting a divorce in Australia, then it is important that you seek legal advice. An attorney can help guide you through the process and ensure that your rights are protected.
The most important thing to remember when getting a divorce in Australia is to consult with an attorney. This will ensure that you understand the process and know what to expect. We hope this blog post has been helpful in giving you some information about getting a divorce in Australia.