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 & Associates.
Divorce is one of the most challenging times in life. However, with the right legal representation, you can navigate the process with clarity and confidence. The divorce lawyers on the Central Coast at Linda Emery & Associates are here to guide you through every step of your divorce journey, offering expert legal advice and compassionate support throughout the region.
Reach out to us today at 02 4323 4766
We are ready to assist you in moving forward with your life.
Understanding the divorce process is crucial to making informed decisions. Whether you’re considering applying for a divorce or you’ve already started, it’s important to know what steps to take.
In Australia, the divorce process is governed by specific legal guidelines. Regardless of whether the separation is amicable or not, you will need to complete certain procedures to end your marriage legally. Our team of divorce lawyers on the Central Coast provides the clarity you need during this time of transition.
When applying for divorce, you have two main pathways: applying individually or jointly. The route you choose will depend on your specific circumstances, such as whether or not you and your spouse are in agreement about the divorce.
A solo application allows one individual to start the divorce proceedings. If you choose this route, you will be the primary applicant, and your spouse will be the respondent. This means that you will be responsible for completing all paperwork and ensuring the process is completed.
For individuals with children, additional legal steps may be necessary to ensure proper custody arrangements are made. If you do not have children, the process may be faster and less complicated. Our divorce lawyers on the Central Coast will guide you through each stage, ensuring that you are prepared and informed.
In a joint application, both parties agree on the divorce and file the necessary paperwork together. This is often the least contentious path, as both parties have already reached an agreement on the dissolution of the marriage. A joint application can save time and effort, as both parties collaborate on the legal documents.
Our divorce lawyers on the Central Coast at Linda Emery & Associates will assist you in preparing and filing your joint application to ensure it’s completed accurately and efficiently.
One of the most important steps in the divorce process is serving divorce papers to your spouse. If you are applying individually, you will need to ensure that your spouse is notified of the divorce. This is done by serving them with the official paperwork.
If you choose to apply jointly, you won’t need to serve papers since both parties are in agreement. However, it’s important to know the rules around service, especially if your spouse is difficult to reach or if they live overseas.
To serve divorce papers in Australia, you must follow specific legal protocols. If your spouse is within Australia, they must receive their divorce papers at least 28 days before the court hearing. If they are overseas, you are required to give them 42 days’ notice.
Our divorce lawyers on the Central Coast can assist you with serving papers to ensure that everything is done according to the law, giving you peace of mind during this process.
Divorce is an emotional and legal process that requires careful preparation. It’s essential to gather all the necessary information and documents before filing for divorce.
To file for a divorce in Australia, you will need to provide a few key documents, such as:
Our team of divorce lawyers on the Central Coast will help you gather and submit these documents accurately, ensuring the process is as seamless as possible.
At Linda Emery & Associates, we offer professional divorce legal services tailored to your specific needs. We understand that every divorce case is unique, which is why we offer personalised legal advice and representation.
Whether you need help with your divorce application, require assistance with property settlements or need advice on child custody arrangements, our team of divorce lawyers on the Central Coast is here to help you through every step of the process.
Contact us today on 02 4323 4766
Let us provide you with the support you need to move forward confidently during this challenging time.
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.
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.
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:
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.
In order to apply for a divorce, you need to provide certain documents before proceedings can go ahead.
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.
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 regards to court proceedings, you may also need to provide an affidavit to confirm the following information (if applicable):
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.
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