Divorce
Divorce is inevitable to the point that it sometimes becomes necessary. The “no-fault” divorce is set in motion by the Australian Family Law Act 1975. This law states that the court will not come to a ruling just by basing the case of the actions of the couple or one of them. This action comes to a ruling by evaluating the evidence during a 12-month separation between the two parties. If the court sees that repair is impossible among the couple, then it will come to a ruling that divorce is the best solution.
Divorce Application Copy
The first thing you must do if you want to get divorce is to secure a divorce application copy. You must accompany it with an explanatory kit. You can download one in the Internet or you can obtain it from a divorce lawyer. You may also be able to download one from the website of the family court. Make sure you read it properly before filing it up.
Witness
You can contact a Justice of the Peace, a lawyer or other legal personnel to be your witness in signing the application. You can visit one near your area or you can contact one from legal aid offices, private law firms, or community legal centers.
Documents
Photocopy the documents two times after completing and signing it. Together with these documents, include the supporting documents that can prove your separation. Included in these documents are unreasonable behavior, desertion, and years of separation, adultery, and a proof of citizenship if you were born in a foreign country.
Submit Documents
Deliver these documents to a family law registry. You can deliver it personally or via mail. You can visit the Family Court website to find Family Law Registries in your area. Included in this file are an original and a copy of your marriage certificate, and any pending family violence protection order. You must also include the right amount of payment, or a waiver.
Date of Hearing
Right after you submit your divorce application, the court will give you the file number and a date will be assigned to you for your hearing. Make sure you accept and keep the copies that the court will give you.
Copy for Partner
Give a sealed copy for your partner. If your partner is still in Australia, serve your partner for 28 days, and if he or she is abroad, serve him or her for 42 days. You must serve your partner with a copy of a sealed application if you filed the divorce papers without him or her.
Hearing
If minor children are involved in your divorce case, then it is mandatory to join the hearings. Hearing usually takes 1 to 3 months right after you filed the divorce case.
Provide more Information
Before the court will come to a resolution or grant you the divorce, they may ask for more information regarding your divorce. This means you must prepare more information and provide it to the court. The court may require adultery, proof of separation, and other evidences before they come to a ruling.