What happens when your partner asks for a divorce?

The time has come for you and your spouse to go your separate ways, and a divorce is the cleanest way to ensure that you are both free to be with other people. If your spouse has asked you for a divorce, you may not be sure what happens next.

To help you understand why you need divorce lawyers on the Central Coast, Ryan & Seton Lawyers have some information on what it means to get a divorce in Australia.

Will it be quick?

If you and your spouse have watched too much American TV, then you might think you can choose a ‘quickie’ divorce. However, there is no type of divorce in Australia that is fast or convenient.

In fact, before a divorce is granted, you must be living apart for more than 12 months. Any reconciliation of three months or over means that the 12-month clock starts all over again.

How long between application and divorce?

Even after the 12 months is up, the waiting goes on. After the year of complete separation is over, you will then have to apply for a divorce, and wait a further number of months before it is finalised.

What if we have to live together?

In modern times, it is not always easy for spouses to just up and leave, and this can make a 12-month separation very difficult. If you want to stay in the same house, you will have to prove that you are living different lives, including having separate bedrooms, bank accounts and telling other people that you are splitting up.

You can’t even cook for each other, so be careful if you choose this option.

Short term marriage issues

If you come to Ryan & Seton Lawyers and say that you are seeking a divorce after less than two years of marriage, we will tell you that you have to complete further steps than couples who have been married for longer.

You will have to attend marriage counselling and provide a certificate from your counsellor confirming the attendance, or file an affidavit giving reasons why this is not possible and seeking an exemption from the counselling requirement.

Seeking legal advice

Divorce is one situation where you need to take the advice of a legal expert. If you need to find specialist divorce lawyers in the Central Coast area, then you should speak to our team today.

You can contact Ryan & Seton Lawyers by sending an online enquiry, or by calling on 02 4397 1599 now.

For more information on our qualification, read our previous blog post on our recent national award for a local law firm.

The above is not intended as legal advice. You should obtain legal advice in relation to your own specific circumstances.

Article by Michael Seton

Michael Seton Michael Seton – Solicitor Director

Accredited Specialist – Family Law

Michael Seton graduated from the University of Sydney with a Bachelor of Laws and Bachelor of Science (Psychology). Thereafter he began practicing law, to then continue his higher learning by completing his Master of Laws and establish Ryan & Seton Lawyers with Tony.

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