At Lawyers by the Bay in Mornington, VIC, we understand that divorce is a significant and often stressful life event. It can also be liberating and set you on a path to a new & exciting future. Our experienced team is here to provide you with clear, supportive, and effective legal guidance to help you navigate the complexities of divorce and move forward with confidence.
Understanding the Divorce Process
Divorce can be a challenging journey, and understanding the legal process is crucial. Our expert lawyers will guide you through each step, from filing the application to finalising the divorce decree. We ensure that you are fully informed about your options and rights throughout the entire process.
The Legal Stuff – What is a Divorce and How to Get One
Divorce is the legal end of a marriage.
To get divorced in Australia, you need to show two things:
- that you have been separated for at least 12 months;
- that there is no prospect of reconciliation.
It does not matter who was at fault or whether one of you does not want a divorce.
The only way to stop a divorce is to show that one of the two things you need to prove has not occurred.
Applying for a divorce is usually straightforward, and many people apply without the help of a lawyer. Either you or your spouse, or both of you together, can make an application for a divorce. If, however, you would prefer the help of a lawyer, we can definitely assist you with the process.
Sometimes, divorce applications can get complicated. For example, if:
- You do not know the whereabouts of your former partner;
- Your separation was complicated, perhaps with periods of reconciliation;
- You have been separated under the one roof;
- There is no agreement about when you separated;
- You are not an Australian citizen or have spent most of your life outside Australia;
- You have been married for less than 2 years.
In any of these situations, you should seek legal advice.
You should always remember that your divorce will not address other legal issues, such as who the children live with, child support, or the division of property.
We are committed to providing honest, no-nonsense legal support tailored to you. Contact us at 03 8680 2549 to discuss your pending divorce or separation and explore your options.