Divorce is a significant life transition with the potential to affect several aspects of a person’s well-being. According to an AALM poll, about 40% of first-time couples who get married go through a divorce case. Globally, divorce rates continue to rise every year, and given its frequency, it’s worth knowing what to expect if you’re faced with this situation.
Every divorce must be filed
Before any divorce process begins, it must first be filed by at least one of the spouses involved. Depending on the state you’re in, you may be assigned a judge to oversee proceedings when the process commences. Once the divorce process starts, the other spouse gets notification of the application and other relevant paperwork. From this point on, the law states that the receiving spouse has a deadline of thirty days (starting from when the notification was delivered) to complete the paperwork.
There are other instances where the spouses seeking a divorce are already separated by law. In Australian Family Law, however, spouses can’t register their separation status. Nonetheless, the date of separation may have some significance and direct bearing during the divorce proceedings. It also becomes significant in the sharing of acquired property under Australian Family Law.
A common question raised to legal professionals is ‘How long is a divorce?’ The divorce process and proceedings take six months to a maximum of twelve months to come to an end. However, its duration will depend on other factors that the eyes of the Law can’t ignore. That notwithstanding, it can quickly progress in record time only when both parties exercise decorum and are willing to go their separate ways without hassle.
Presentation of relevant documentation
Did you know that you’ll need a counseling certificate to divorce if you’ve been married for less than two years under Australian law? There’s no way you can have access to a counselling certificate without attending real-time sessions. Ideally, these counselling sessions must be done with the other spouse. If for some reason, both spouses can’t attend these sessions, one must file an affidavit.
Additionally, your divorce lawyer will need some documentation like birth certificates, social security cards, mortgages, or real estate deeds to proceed. Most importantly, you’re required to present your marriage certificate, bank accounts or statements, and any other that would be requested by the lawyer in question. These documents are requested to facilitate the divorce and to have a fair idea of how properties would be shared.
If children under the age of eighteen years are involved, you should expect custody issues to come up. Regardless of whether the minors are biological or adopted, the law will take its course to provide the best custody solutions for them. Sometimes, a psychological custody evaluation is conducted on one or both spouses getting divorced. Moreover, this test comes in when a party questions or doubts the other’s emotional and mental capacity.
This is not an exhaustive list of what to expect, but either way, the highlights discussed here are critical areas you should take seriously. Divorce goes beyond the legal annulment of a marriage; it’s a transition that countless couples worldwide have had to come to terms with. Besides the emotional and physical toll it has on the parties involved, it requires a great deal of finance to see it through.