Filing for divorce is the formal recognition of significant change in your life. Legally ending a marriage can, understandably, be an emotional time for families, but our practical advice can assist you in moving forward.
The divorce lawyers at Robert Wood and Associates, have more than 35 years of experience as divorce lawyers in Melbourne, and can assist you with every aspect of the process.
Formally applying for divorce usually occurs after your important parenting and financial decisions have been made. If you need assistance with these matters, our family lawyers are here to help.
Filing for Divorce
After you and your family have discussed and finalised your family and financial matters, you can formally proceed with your divorce. Our family lawyers recommend resolving these situations early on to avoid potential complications.
Filing for a divorce is relatively straightforward but before you proceed you must be able to prove:
- Your current marital status – a marriage certificate or equivalent evidence will be required
- Your separation period – it is important to note when and your former partner separated, as this period will need to be at least 12 months before a divorce. Also, there must be no reasonable chance that you will get back together
- Your residency status – You or your spouse must be residents or citizens of Australia, or you must consider Australia as your permanent home.
Going to Court
Court can be a confronting place for families, and some people may be concerned about having to attend. Your divorce papers will need to be lodged in the family court, but you won’t necessarily have to be present. The only situation where this may differ is if you have children from your marriage that are under the age of 18.
As long as the care of your children has been resolved by this point, the court will finalise your divorce.
Counselling and Reconciliation
If you have been married for less than two years, then you must attend counselling before proceeding with your divorce. The court will provide an approved counsellor, who will sign off on your sessions for you.
Of course, this rule does not apply in all circumstances, and our divorce lawyers can help you to understand your individual circumstances.
Let Us Help You with Your Divorce
If you need further information or assistance with this process, we’re always here for you. Visit Robert Wood and Associates in Melbourne or call our compassionate family law specialists. Phone 9762 3877 today or contact us online.