If you are going through a divorce, you need to seek legal advice. Do not try to handle this legal issue alone. People who separate and divorce often feel very emotional. Therefore, it is frequently difficult to take an objective stance. This is especially true if children are involved.
When applying for a divorce in Adelaide, the court will not consider the reason for a marriage breakdown. Instead, it only requires that the applicant show that the marriage has broken down and cannot be salvaged.
How Long Have You Been Married?
If you are currently married and have been separated from your spouse for at least a year, you can apply for a divorce to the Federal Circuit Court in Australia. If you have been married less than two years, you usually need to obtain a counselling certificate first.
How a Legal Representative Can Help
A family law specialist in Adelaide can help you with your questions about divorce, child custody, pre-nuptial agreements, spousal maintenance, property division, and other related matters.
For example, you should consult with a lawyer if you have children and wish for a divorce. That is because the proper arrangements need to be established for your children’s welfare before you get a divorce. Whilst divorce does represent the legal end of a marriage, it does not establish the parenting methods you choose for your child or children.
Nor does it prevent such issues as child support or the division of property from being addressed. When an agreement cannot be reached for these two areas, the litigants must set up separate proceedings for their review.
Making an Application for Divorce
When making an application for a divorce, you will need to fill out your full name, date of birth, and contact details. You will also need to include your spouse’s name and his or her date of birth. To file for divorce in Australia, you need to regard the country as your home and residence, some place you plan to live indefinitely. You should also be an Australian citizen, either by descent or birth.
Are You Considering a Property Settlement?
The form you fill out will also require the approximate date of your separation. In addition, you should be able to supply your marriage certificate. If you are considering a property settlement, you will need to include this information as well.
In addition, you need to indicate whether or not you had children with your spouse or if you or your spouse have children from a prior relationship. This type of material is reviewed by a family legal advisor so he or she can better help you succeed at finalising your marriage. By taking this approach, you can avoid any lengthy disputes from surfacing. A divorce can be more easily handled when you are working with an experienced legal professional.