Divorce: Navigating the Process with Expert Guidance
Divorce is a life-altering event that can be emotionally challenging and legally complex. At JK Lawyers, our experienced family lawyers in Melbourne are here to provide expert guidance and answer your questions throughout the divorce process. We understand the sensitivity of divorce proceedings and strive to provide you with compassionate support while ensuring your rights are protected.
How do I apply for divorce?
Applying for divorce in Australia involves several steps:
a) Eligibility:
To be eligible for divorce, you or your spouse must be an Australian citizen or have lived in Australia for at least 12 months immediately before filing the divorce application.
b) Separation:
The court requires evidence that you and your spouse have lived separately and apart for at least 12 months. Living together under the same roof but leading separate lives may still satisfy this requirement.
c) No likelihood of reconciliation:
You must demonstrate that there is no likelihood of reconciling with your spouse.
d) Properly completed application:
Complete the divorce application form and file it with the Family Court of Australia.
e) Serving the application:
If your spouse is in Australia, you must serve the application on them. If your spouse is overseas, additional requirements apply.
Our family lawyers can assist you in preparing and filing your divorce application, ensuring it meets all legal requirements.
What if I lived in the same house after separation?
The court recognises that separation can occur even if you and your spouse continue living under the same roof. In such cases, you may need to provide additional evidence, such as separate bank accounts, living arrangements, and affidavits from friends or family, to support your claim of separation.
What if my spouse is overseas?
If your spouse is overseas, you can still apply for divorce in Australia. However, you may need to follow specific procedures for serving the divorce application overseas. Our experienced family lawyers can assist you with the necessary steps to serve the application correctly.
What if I cannot contact my spouse?
If you have made reasonable attempts to locate and contact your spouse without success, you may seek permission from the court to serve the divorce application through alternative means, such as by advertising in a newspaper or email.
Divorce is a significant life event that requires careful consideration and professional guidance. At JK Lawyers, our compassionate and skilled family lawyers are here to assist you throughout the divorce process. We can help you navigate the complexities of divorce, address your concerns, and provide expert advice tailored to your unique situation.
If you have questions about applying for divorce, dealing with separation under the same roof, your spouse's overseas status, or issues related to contacting your spouse, our team is here to help. We understand the emotional challenges associated with divorce and are committed to providing you with the support and legal expertise you need during this difficult time.
Contact JK Lawyers today at admin@jklawyers.com.au or (03)9562 2662 to schedule a consultation with one of our experienced family lawyers. Let us guide you through the divorce process with empathy, professionalism, and dedication, ensuring your rights are protected and your best interests are upheld.