At Nicholas James Lawyers we are here to provide you with strategic, informed legal guidance and advice during the emotional and stressful time of a marriage breakdown. Whilst you need to be separated for 12 months before you can apply for a divorce, you are able to finalise parenting and property matters prior to an application for divorce is being filed.
When can I file for divorce?
Once the 12-month separation period has occurred you can apply for a divorce on your own or file jointly with your ex-spouse. At Nicholas James Lawyers you will have the best advice and support at this crucial time. We will lead you from the application process until its resolution.
How do I apply for a Divorce?
Before you apply for a Divorce, you must decide whether you are filing the Application on your own (sole) or together with the other party (joint). If you wish to file a sole application, you are only required to sign the Application.
If you wish to file a joint application, both you and the other party are required to sign the Application. In either circumstance, Court attendance will not be required if there are no children under the age of 18 years, however, Court attendance is required if there are children under the age of 18 years so you can satisfy the Court that proper and suitable arrangements have been made for the care and responsibility of the children.
There are also a number of things to consider when applying for a Divorce:
Have you been married for less than 2 years?
Are you separated and living under the same roof in the last 12 months?
Do you have children?
Can you locate your spouse?
If you are filing a joint application, personal service of the application on your spouse will need to be arranged. Once you have obtained your divorce, you have 12 months to commence property and or spousal maintenance proceedings, if you have not done so already. It is important that you obtain legal advice prior to filing any application with the Court and naturally, we are here to assist you every step of the way.
At Nicholas James Lawyers we are committed to helping you resolve your divorce proceedings out of court by agreement wherever possible, and in a timely and cost-effective manner to minimise stress. If this is not possible, legal proceedings may be necessary. We are skilled in achieving the best outcome for our clients.