What is the process for filing for divorce?
Like the marriage certificate received
after registering the marriage, a divorce certificate is received once the
divorce order is finalized.
To facilitate the process, you need an
expert lawyer in Adelaide. It is because it involves various legal
aspects that are difficult to understand for a common person.
You should remember that applying for a
divorce is different from parenting or other property matters. It will not have
an impact on the parenting arrangements for the children. However, it has an
impact on the property settlement.
Let’s understand the various steps of the
divorce application process.
Separation
According to the laws, one can apply for a
divorce one year and one day after a couple formally separated. They need to
live separately with no possible likelihood of any reconciliation.
Both must have either agreed on a
separation date or clearly communicated to the spouse that you think that the
marriage is over.
However, it is important to consult any
expert and experienced divorce lawyers in Adelaide.
Lodging the divorce application
There has been a lot of refinement and
streamlining of the application process has been done. It can be filed
electronically. One need not file an application in person. They are logged
through the portal. All supporting documents can be uploaded online.
It can be filed individually or jointly.
If you file a joint application, there is
no need to go to court on the hearing date. On the hearing date, the court will
check the application. If all the administrative requirements are met, it will grant
your divorce order.
Serving the application on the other party
Service involves your court application
being given to the other party. Usually,
it is done by a third party, either someone you know or someone whose job it is.
Alternatively, it is possible that the
court will allow you to post a copy of the divorce application to the other
party. However, they need to confirm the receipt.
Divorce hearing
It is not mandatory to go to court for a hearing. If it is a joint application, you do not need to attend court.
If you have to attend court, your
application will be heard by the registrar of the court.
Finalization of the divorce
One month and one day after hearing, the
divorce order will become final. The
court will upload a certificate to the portal for you to download.
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