In Australia, divorces can be a lengthy process, especially when you consider the twelve months of separation required first. If divorce is the only way for both parties of a relationship to move forward, then it will be worth however long it takes, but the next step of the process can vary once the separation period is over.
In this article, we will look at how long it takes for a divorce proceeding, alongside factors that can (and often do) affect the length of proceedings.
The Initial Separation
Australia is a unique case in that you must be separated for twelve months before a divorce can be initiated. Generally speaking, this means the pair must live separately for this time – one spouse can initiate this, or they can come to an agreement.
There are some circumstances where a couple can classify as separated while still living at the same address; you must seek legal advice if this scenario is the only possible (or most practical) one. If this couple has been married for less than two years, they must first attempt marriage counselling before proceeding with a divorce.
Overall, there are plenty of measures in place to make sure that divorce is (understandably) the last resort and not something that salvageable couples default to in the heat of the moment.
Children in Australia have the right to a relationship with both parents. In cases of standard separations parents must agree upon a suitable schedule for their children; this does not mean a 50/50 split, but whatever works best for every party.
However, in some situations it is important for the child to remain with one party such as examples of emotional or physical abuse, incarceration, or neglect.
With extensive experience in family law, Linda Emery is knowledgeable and able to support with the complexities involved in these situations.
Part of what makes most divorces last as long as they do is the negotiation process – trying to divide an entire life between two people is very difficult, especially if neither party can agree on who owns what. If discussions go well on this front, divorce should only take a few months from filing to completion – but there are often difficulties with dividing assets, which can draw it out.
When negotiations are as complete as possible, the court hearing ultimately decides to grant the divorce. Even at this point, there is another month to go until each party receives a decree nisi – this document signifies a complete and final dissolution of the marriage. Your divorce is not final until you know the decree nisi, even if you already know the court’s decision.
Get In Touch For Divorce Advice
There are two main obstacles to a quick divorce – mandatory separation and negotiation. Without the stresses of the latter, any couple could divorce quickly and easily. It is often not that simple, meaning you need a good divorce lawyer in your corner.
At Linda Emery & Associates, we have decades of combined experience navigating the courts of Australia to help dissolved couples find the peace of an easy divorce process. Contact us today, and we can help you just as we have helped many others across the Central Coast.