Divorce is one of the options to legally end a marriage. It is a decision not to be taken and made lightly, as it comes with a tonne of emotional baggage. It affects not just you and your spouse but also your children, if you have them. Here at Marino Lawyers, our family law attorney is ready to guide you through every step of the way.
In Australia, an irretrievable breakdown is the only ground for divorce. It must be proven by 12 months of separation, after which one or both of the involved parties must make an Application for Divorce to the court. This Application must be properly completed and appropriately served; otherwise, the court may not accept the Application.
Aside from an improperly filled out Application, there are also other issues that may arise when applying for a divorce. This may include proving the status of your marriage if it happened abroad, or divorcing a spouse whose physical whereabouts you don’t know of. If you want to get a divorce but your spouse does not, you are still entitled to make an Application for Divorce. The Family Law Act of 1975 has established that no one can force you to remain married.
If the marriage is typical, the process will be largely simple and uncomplicated. Getting help from expert family lawyers in Cairns will expedite the process and make it even easier for you. They will make sure that the Application has been properly completed and filed and that you and your spouse attend the court hearing should it be necessary.
Court hearings for divorce are only necessary when you and your spouse have children under 18 and only one party has applied to the Court (as opposed to a joint Application wherein both parties apply to the Court for a divorce). These hearings are to enquire about the health and well-being of the children. The divorce itself is concerned with only the dissolution of your marriage and will not decide on issues regarding parental rights and division of property. However, property settlements may go through the court. The arrangements for the care of minor children will also have to go through the court by consent or contest.
The divorce process takes at least a few months to complete. Our family lawyers in Cairns can assist you with your enquiries and provide advice to make the process as smooth as possible so you can continue your regular routine without hassle.
For more information, contact Marino Lawyers at (07) 4081 6700. We have offices in Cairns, Port Douglas, Edmonton, Gordonvale, and Babinda.