If you are getting a divorce, it can be a highly emotional and confusing time in your life. There is a lot of misinformation that can be found online or by listening to friends and family that have been through a similar process.
No matter who you are, your circumstances can be very different from anyone else’s divorce proceedings. It is best to know the facts from a family law professional before you make any hasty or poorly informed decisions.
With the high rate of divorce around the world, it is sad to say that your chances of being in the situation where divorce is in your future is about 1 in 2. Being prepared and having all the proper information is a good way to get started with this highly volatile process.
So many people have fears and questions about the divorce process and how it will affect them, their children and their future. We have addressed some of the most common questions here so that you can move forward with the proper knowledge and confidence behind you.
What is the Cost of a Divorce?
The total cost of a divorce is highly dependant on the length of the legal battle. In cases where there are issues of property and child custody that is being contested, your divorce becomes more expensive as the process continues. For the simple answer, the base price of a divorce process starts at $825 plus a small filing fee. If you are worried about finances, it is best to try to keep things moving in a civil fashion.
On What Grounds Can I File for Divorce?
Australia is in a “no fault” jurisdiction which means that any moral issues that have affected the marriage will not have bearing on the division of properties or the granting of the petition. To qualify for a divorce you must:
- Prove that the marriage has been irrevocably broken with no chance for reconciliation
- Have been married for 2 years or more
- Have been living separately for a minimum of 12 months
- Have attended court-required marriage counselling at Family Court
How Quickly Can I Remarry?
The legal precedent is that it is legal to be remarried only after the petition for divorce becomes legal. This occurs 30 days after the filing of the divorce grant. If you are planning to remarry after your divorce, it is wise to not set a date too early on in the proceedings in case things become complicated or extended.
How Long Does a Divorce Take?
Again, the length of the divorce process is different for everyone and their individual circumstances. In the most simple terms for cases where there are no children and very little property, a divorce can be legalized within approximately 4 months following the initial petition.
Where Do I File for Divorce?
In most cases your lawyer will do the filing for you. However, if you are filing independently you must do so at the Federal Circuit Court of Australia. Check out the Federal Circuit Court website to be able to file online.