A divorce is a common thing, and besides small differences, thereare usually similar procedures for both sides in almost every part of theworld. Let’s take a look at the challenges you will face and steps you willhave to take when coping with a divorce.
The very first step in the divorce process happens when one spousemoves 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 mightget back together. However, legalseparation usually refers to the period where people are required to liveseparately before one of them can file a divorce complaint. Manycountries and states have the separation requirement, which involves sleepingand living at two different locations.
Filling a divorce complaint
People can file a complaint in the country or state where theylive, and they have to meet the requirements and other necessaryinformation. In Australia, for instance, you will need to fill appropriateforms and papers, and there will be fees. The best idea is to hire the best family lawyers in Sydney toconsult about legal questions and paperwork. Besides reasons or grounds for adivorce, thepetition 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 yourspouse. Your lawyer has to submit the proof that your partner is formallyinformed. A partner can sign a Voluntary Appearance document, in which casehe/she agrees with the complaint, and then there is no need to respond. Theother 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 theyrespond, there will be another waiting period. However, if a spouse doesn’tanswer, then the judge has every right to grant every wish you requested inyour petition.
Temporary hearing, or temporary motion, is the period beforetrial, where a partner can address child issues and all other spousal problems.It is usually about kids – one spouse can request for temporary child supportor custody. Also, there are issues with shared items or possessions. Forinstance, there might be a request for using a motor vehicle or even a maritalhome. Money is always essential, of course, and one of the most common requestsis to make sure that neither party can be granted access to their joint bankaccount. There are many other requests, but those are usually the mostsignificant ones.
Negotiations and the agreement
Spouses can have different opinions on some of the topicsmentioned above, and in that case, they will have to work together to find thesolution. Also, the court might schedule a settlement conference, where parties,along with their attorneys, meet and discuss all potential issues. Mediation isanother critical process which might happen. It means that a neutralthird-party has to help in resolving problems and discussions between spouses.This process usually saves valuable time for both sides, so it is often thebest way to go for mediation.
If the negotiations fail and there are still unresolved issuesbetween parties (in spite of mediation), the next stop is court and going totrial. A divorce trial costs a lot of money, and you have to be prepared tolose 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. Ofcourse, your attorney can do a lot of work, but still, it is always better tonegotiate without a trial. However, if the trial happens, there will usually beno jury, and the judge will base the final decision on the presented evidencewithin a few hours.
A divorce is not the happiest thing in the world. But, whenproblems are constant, it is indispensable for one or both sides. If somethinglike that happens to you, you should follow this procedure and find the bestlawyers you can.