Divorce can be an emotionally overwhelming experience, but understanding the process can give you a sense of clarity and reassurance. If you’re seeking a divorce in Geelong, you’ll need to know the legal requirements, necessary paperwork, and what to expect in court.
To help you out, this guide breaks down the major steps in the divorce process, with insights from experienced family lawyers in Geelong.
- 1.
Understanding the 12-Month Separation Requirement
To be eligible for a divorce in Australia, you and your spouse must have been separated for at least 12 months. This demonstrates to the court that the marriage has broken down and no attempts at repairing it have worked.
What Counts as Separation?
To be ‘separated,’ you and your spouse should be:
- Living in separate residences
- Or, continuing to live under the same roof but demonstrating separation (e.g., sleeping in different rooms, financial separation, lack of social interaction as a couple)
- Or, if you have briefly reconciled but then separated again, the total separation period must still be 12 months.
- 2.
Filing for Divorce in Geelong
Once you meet the separation requirement, you can apply for divorce through the Federal Circuit and Family Court of Australia. You can file solely, where one party applies, and the other is served divorce papers, or jointly, where both parties agree and sign the application together.
To apply, you must:
- Complete an Application for Divorce form, available on the FCFCOA website.
- Pay the application fee (or apply for a fee reduction if eligible).
- Provide a copy of your marriage certificate (translated if not in English).
- 3.
Managing Paperwork and Seeking Local Assistance
When applying for divorce, you need to submit legal documentation after filling it out accurately. Ideally, it’s recommended that you consult a Geelong family lawyer for this step. Otherwise, other local resources can help, including:
- Victoria Legal Aid (Geelong office) – for legal advice and assistance if you cannot afford a private lawyer.
- Barwon Community Legal Service – provides free legal advice and support for family law matters.
- Family Relationship Centre Geelong – offers mediation services to help with parenting arrangements.
If you’re filing a sole application, you must serve your spouse with the divorce papers. This can be done via personal service (by a third party) or post/email, ensuring proof of receipt is obtained.
- 4.
Attending Court If Required
For most cases, you don’t need to attend court unless you have children under 18 (one parent must attend), your spouse contests the divorce, or there are complications with serving documents.The Geelong Family Law Circuit handles local divorce hearings, typically held at the Geelong Magistrates’ Court.
If attendance is required, your family lawyer can help you prepare by bringing all necessary documents. It’s important that you dress professionally, arrive early, and are clear and concise when answering questions. If the court grants the divorce, it becomes final one month and one day after the hearing; this is when you receive a Divorce Order.
- 5.
Property and Parenting Arrangements Post-Divorce
Property Settlement
Even after getting a divorce, you still have to deal with property and financial matters. You have 12 months from the divorce date to apply for a property settlement through the family court.
You can reach a property settlement through mutual agreement, with or without a lawyer.
Then, there are Mediation services like the Family Dispute Resolution Service in Geelong, and you can opt for court proceedings if no agreement is reached.
Parenting Arrangements
If you have children, you’ll need to agree on parenting arrangements, including living arrangements, schooling, and visitation schedules. Parenting plans can be made through mediation or parenting orders if court involvement is necessary.
- 6.
Accessing Local Support Services
Divorce isn’t just a legal process; it has emotional and financial impacts.
Geelong offers various support services, including:
- The Sexual Assault & Family Violence Centre – for those experiencing domestic violence.
- Catholic Care Family Services Geelong – provides counselling and mediation services.
- Lifeline Geelong (13 11 14) – 24/7 crisis support and counselling.
If you’re filing a sole application, you must serve your spouse with the divorce papers. This can be done via personal service (by a third party) or post/email, ensuring proof of receipt is obtained.
Consult Our Family Law Experts in Geelong For Divorce Legal Advice
Navigating divorce can be challenging, but with the right support and knowledge, you can move forward confidently. Seeking guidance from our experienced Geelong family lawyer ensures your rights are protected, and accessing local resources can make the transition smoother. If you’re unsure about any step in the process, professional legal advice from our Geelong family law firm can provide clarity and peace of mind.