A divorce is a common thing, and besides small differences, there are usually similar procedures for both sides in almost every part of the world. Let’s take a look at the challenges you will face and steps you will have to take when coping with a divorce.
The very first step in the divorce process happens when one spouse moves out from the shared residence. At first, the separation is a trial, so partners can decide if divorce is happening for sure or if partners might get back together. However, legal separation usually refers to the period where people are required to live separately before one of them can file a divorce complaint. Many countries and states have the separation requirement, which involves sleeping and living at two different locations.
Filling a divorce complaint
People can file a complaint in the country or state where they live, and they have to meet the requirements and other necessary information. In Australia, for instance, you will need to fill appropriate forms and papers, and there will be fees. The best idea is to hire the best family lawyers in Sydney to consult about legal questions and paperwork. Besides reasons or grounds for a divorce, the petition also has to include a listing of shared items and possessions.
Inform your spouse
The next step after filing the petition is to notify or serve your spouse. Your lawyer has to submit the proof that your partner is formally informed. A partner can sign a Voluntary Appearance document, in which case he/she agrees with the complaint, and then there is no need to respond. The other solution is to file a formal response within a particular period. Sometimes it is 20 or 30 days, depending on the country or state. Once they respond, there will be another waiting period. However, if a spouse doesn’t answer, then the judge has every right to grant every wish you requested in your petition.
Temporary hearing, or temporary motion, is the period before trial, where a partner can address child issues and all other spousal problems. It is usually about kids – one spouse can request for temporary child support or custody. Also, there are issues with shared items or possessions. For instance, there might be a request for using a motor vehicle or even a marital home. Money is always essential, of course, and one of the most common requests is to make sure that neither party can be granted access to their joint bank account. There are many other requests, but those are usually the most significant ones.
Negotiations and the agreement
Spouses can have different opinions on some of the topics mentioned above, and in that case, they will have to work together to find the solution. Also, the court might schedule a settlement conference, where parties, along with their attorneys, meet and discuss all potential issues. Mediation is another critical process which might happen. It means that a neutral third-party has to help in resolving problems and discussions between spouses. This process usually saves valuable time for both sides, so it is often the best way to go for mediation.
If the negotiations fail and there are still unresolved issues between parties (in spite of mediation), the next stop is court and going to trial. A divorce trial costs a lot of money, and you have to be prepared to lose a lot of time. Also, both sides lose the power they had in their hands. From now on, the judge is one who makes the final decision about everything. Of course, your attorney can do a lot of work, but still, it is always better to negotiate without a trial. However, if the trial happens, there will usually be no jury, and the judge will base the final decision on the presented evidence within a few hours.
A divorce is not the happiest thing in the world. But, when problems are constant, it is indispensable for one or both sides. If something like that happens to you, you should follow this procedure and find the best lawyers you can.