When you are based in Adelaide and wish to dissolve your marriage, you must file a divorce application in a family court in the region. A divorce does not finalise finance, parenting and property matters between the parties to the suit. For them, you need to file separate applications in a competent court of law in Adelaide.
Sole and joint application for divorce
You have the option to file for divorce by yourself– this is called a sole application. When both parties to the marriage file a suit for divorce, it is a joint application. When you file a sole application, you are called the applicant and the other party is called the respondent. Court attendance is required if you have children below the age of 18 years in the marriage. If you do not have any children, you do not require court attendance during the divorce proceedings. If you are the applicant, you need to sign Part G of the divorce application. The documents should be served to the respondent.
If both the parties to the divorce have filed for divorce together, they are called joint applicants in a court of law. In this case, you do not have to serve documents to the other party in a family law court in Adelaide.
Marriages under two years
If you have been married for less than two years, you need to file a counselling certificate in the court of law. For this, both of you should have attended counselling. Counsellors that specialise in the field of family relationships will talk to you. In case, both of you decide to proceed with the divorce; you need the above certificate for divorce.
Get legal advice from a credible lawyer in Adelaide
You should get legal advice from family lawyers at Moloney and Partners law firm. In case, you are not sure of your legal responsibilities and rights; you must consult a good lawyer immediately. He or she will tell you what your legal rights and obligations are under the divorce law. You will also understand how the divorce law applies to you and your case. A good lawyer will help you come to a legal agreement without going to a family court.
When it comes to finances, child custody, child support and property, you must speak to a competent lawyer in order to understand the legal processes involved. Divorce is a complex procedure, and if you have children to the marriage, the legal proceedings will take longer. The family courts in Adelaide will ensure the interests and the welfare of your children are looking into when you file a divorce in a court of law.
In Adelaide, you should file for divorce if you have been separated for 12 months or more. You must state the reason why your marriage has broken down. If you have been married overseas, it is crucial to provide relevant documents in that area as well. A good family lawyer will advise you and help you file your divorce application with success!