Divorce Lawyers Central Coast
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Getting a divorce can be a stressful and difficult experience. But with the assistance of our divorce lawyers, we work hard to make the process run as smoothly and stress-free as possible.
When looking for a professional Divorce lawyer on the Central Coast, think Linda Emery.
Sole & Joint Divorce Applications
Applications for divorce in Australia can be filed by one or both parties to the marriage. These are known as sole applications and joint applications, respectively. Both types of application can be made online.
Before you file your application, you need to decide whether you are filing a sole or joint application. Each option comes with its own set of obligations that you are expected to adhere to.
When you make a sole application, you become the applicant. The person you are filing for divorce from is known as the respondent. Only the applicant has to file the eFiling Application. The respondent isn’t obligated to sign any document, but you are required to serve the application on the respondent.
If there are children under the age of 18 years of the marriage, court attendance will be required. If there aren’t any children under 18 years of age, there is no requirement for court attendance.
If you are filing a joint application, both of you will be known as ‘joint applicants.’ When you file a joint application, one party completes the application and provides the other party with a copy for them to review.
During the process of eFiling an application, you will have the opportunity to print the final document out so you can pass it on to the other party. For a joint application, both parties need to sign the Affidavit; there’s no need to serve papers on the other party.
How do I serve a divorce?
If you are making a sole application for divorce, you will need to serve papers on the respondent. This formally notifies them about the impending proceedings. If you are making a joint filing, you don’t need to serve papers.
As part of the application process, you will have to provide an address for your spouse. If you are unable to locate them after trying to find them, you can apply for substituted service.
If your spouse is still in Australia, you must serve them with papers at least 28 days before your court hearing. If they are no longer in Australia, you need to give them at least 42 days notice of the court date.
How To Prepare For A Divorce
According to Australian law, there is no-fault system. This means that either party to a marriage is able to apply for a divorce on the Central Coast, as long as the couple has been separated for at least 12 months. Divorce terminology is divided into two sections:
Divorce Legal terminology
Decree Nisi – This term is applied when the proceedings are complete, but before the divorce is finalised. Until it is finalised, the parties are still considered married by law.
Decree Absolute – This declaration means that the marriage has reached a legal end and you are officially divorced.
Legal Documents For The Process
In order to apply, you need to provide certain documents before proceedings can go ahead. You will be required to supply your:
- Marriage certificate
If you married in Australia but don’t have a copy, you can contact the Registry of Births, Deaths and Marriages on 137 788 or on their official website. However, if you got married overseas and the certificate is not in English, it must be translated by an authorised translating business. In this case, the qualified translator will provide an affidavit which must be filed with the marriage certificate.
You’ll also be required to provide your:
- Australian citizenship or passport
If you weren’t born in Australia, you need to obtain a citizenship certificate or visa documentation that proves you’re a legal resident of Australia and have lived in the country on a consistent basis for more than 12 months.
In regard to the court proceeding, you may need to provide an affidavit to confirm the following information (if applicable):
- Your spouse’s and your name is different from what’s presented on the marriage certificate
- You and your spouse live(d) under the same roof during the separation period
- You and your spouse have been married for less than two years and were not able to participate in marriage counselling
- You were not able to obtain a copy of your marriage certificate
- You are not able to obtain your spouse’s current address
The best divorce is an amicable one. At Linda Emery & Associates, our divorce lawyers on the Central Coast bring more than 30 years’ of experience to the table, ensuring you’re represented with compassion and professionalism.
Call us today or fill out our enquiry form to book an on-site consultation
Before anything, it is important to first make an appointment with a family law solicitor. We will then be able to assess your situation and move forward from there.
Divorce timeframes vary according to the client’s circumstances. Some procedures only take a short time, while more complex situations involving children and property can take longer. You can trust Linda Emery will work to make the process as efficient as possible!
Only in limited circumstances if you have been separated for one year or proper arrangements for parenting and financial support of children are in place.
There is no legal requirement to hire a lawyer before filing a divorce application. However, there are some circumstances in which you will definitely want to have a lawyer on your side. For example, if you are unsure about your eligibility for divorce or you are struggling to fill out your application correctly, a lawyer can help you navigate the process.
Courts cannot provide you with legal advice; it is essential that they remain impartial. However, you can obtain free legal advice through the Family Relationship Advice Line. As well as providing free advice, FRAL can also point you towards other services that will help you with the divorce process.
When you’re ready, call Linda Emery.