How to Start The Divorce Process
Getting divorced, no matter what the situation happens to be, can be a troubling time and one which will put a lot of stress on you emotionally. Most people can only start to get on with their life once the divorced has been finalised, which is why getting started sooner rather than later is always best. This is nowhere near as complicated as you may think however, and today we are going to discuss the initial steps of getting started. Finding legal help first is always a good first step and when finding a divorce lawyer. Melbourne offers a lot of options online or face to face.
These are the initial steps to follow.
Filing The Petition
The first step is to file a document called a petition. This is a basic form which identifies the parties filing for divorce and the grounds for doing so. This is essentially a request to the government that both spouses wish to terminate the marriage legally.
Serving Your Spouse
Once the petition has been filed you will then need to formally serve your spouse. This basically means that you will be handing your spouse the paperwork relating to the petition. If you are on speaking terms with your spouse then this is made easier, but if not your lawyer will be able to handle it. In terms of family lawyers, Melbourne based firms will deal with either option, you handing the papers over, or them taking care of it.
Await The Response
Next you will have to wait for the response from your spouse, which is usually a smooth process. This could become complex if they don’t agree with the grounds of the divorce. Your spouse will have a certain amount of time to respond. If they do not respond in this time then they will be given default judgement by the court. In most cases we see swift responses, which may or may not contain some changes.
Negotiating a Deal
The final step of this initial process is to negotiate a deal with your spouse. The hope is that you will both be able to cordially agree to the division of assets and who will get custody of the children, if there are kids involved. Sadly most divorces have sticking points here, which is why we see so many go to trial. A divorce going to trial is where it often gets nasty which is why each spouse should do their utmost to make a deal now, and be mature about what each will take away from the assets earned during the marriage.
Should the negotiations fail, a trial date will be set and it will be a judge who is left to decide how things will be split up. The judge has the power to decide the division of assets and custody of any dependent children there may be from the relationship.
This is a hard process but one which can be made easier, the key is getting the ball rolling and getting it over quickly so that you can move on with your life.
