What is the process for filing for divorce?

Legal experts say that the process of applying for divorce is a technical and administrative process. When one wants to end the marriage on the record, after the application a divorce order is released.

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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