Every person's condition and circumstances are different and so are their
reasons for getting separated. Some of the causes are lack of dedication,
unfaithfulness, abusive behavior of either partner, etc. Getting divorced is
never an easy thing either financially or emotionally.
How to file a divorce:
Filling the Divorce Petition
The process of applying for a divorce is comparatively straightforward. The
applicant is required to give details regarding both parties' present
residence, proof that both are separated for 12 months, and there is no way
of reconciliation, a legal reason for the divorce and details of custody and
care arrangements of a child under 18. In most cases, these types of
documents should be attached to the petition. Parties also need to affix a
copy of the appropriate Marriage Certificate to the application.
Asking for Temporary Orders
Sometimes the waiting period for divorce may not be tolerable for all
couples. When you register for divorce, the court allows you to ask for
temporary court orders for child custody, child support, and spousal
support, alimony. If you enquire about a temporary order, the court will
hold a hearing and appeal notice from each spouse before deciding how to
rule on the application. The judiciary will usually give the temporary order
instantly, and it will remain valid till the court orders otherwise or until
the judge settles the divorce.
Serve your spouse and wait for a response
After filling the petition for divorce and request for temporary orders, the
petitioner needs to give a copy of the documents to spouse and file proof of
service with the judiciary. The assistance of the process can be smooth,
especially if your partner agrees with the divorce and is ready to sign an
acknowledgment of service. Some spouses, particularly ones that want to stay
married or make the process complicated, can be misleading or try anything
to defeat the process.
To assure proper service you need to hire a professional divorce lawyer who
is authorized and experienced in delivering legal documents to other
parties.
Negotiate Settlement
In some circumstances the parties have different opinions on relevant
topics, like alimony, child custody, support, or property division, both
partners will need to work together to reach an agreement. The court may
schedule mediation. Some countries support mediation, while others do not.
Mediation normally saves essential time and money throughout the divorce
process.
Divorce Trial
When negotiation fails and there are some issues unsolved after mediation,
the parties will request the court for help, which means performing to
trial. A divorce trial is expensive and consumes time, and it takes all the
power away from both the partners and puts it in the hands of the judiciary.
Finalizing the Judgment
The final step of divorce begins when the judge confirms the judgment of
divorce. The judgment of divorce finishes the marriage and details about how
the couple will consign custodial authority and parenting time, child and
spouse alimony and how the couple will split assets and debts.
Endnotes:
Divorce Lawyers in Perth WA
Divorce Lawyer in Perth
Comments