April 3, 2019

Family Law

If you’re going through a divorce, or if you’re considering one, you’re likely looking for a quick resolution. At McInnes Wilson Lawyers, we often get asked to push through the divorce urgently, though this isn’t always possible.

When can I apply?

When you decide that a divorce is the best option for your relationship, you can apply for one after you have been separated for 12 months. If you and your ex lived together but were separated during some or all of the 12 month period, you still may be eligible to apply. If you and your ex have been married for less than 2 years when you apply for the divorce, you will need to firstly attend counselling. If counselling is not appropriate (i.e. there is significant domestic violence) you can seek an exemption from the Court.

What happens next?

A Divorce application can be filed quite quickly if you provide your lawyer with the right information and documents. Before meeting with your lawyer, you should have (or obtain shortly after):

a) A copy of the marriage certificate;

b) Important relationship dates, such as the date of cohabitation, the marriage date and the date you separated; and

c) Details of any children that you and your ex have, either together or with previous partners, and outline the arrangements for the children.

What if my ex won’t be involved?

If you have difficulties with your ex or they choose not to co-sign the Divorce Application there is no need to worry. There are options to forge ahead and file it on your behalf only. In this circumstance, a sealed copy of the Divorce Application will need to be served to your ex. At McInnes Wilson Lawyers, we arrange this with our experienced process servers.

Will I need to go to court?

It is unlikely you will need to attend a court hearing. If you do, your lawyer will be there by your side to answer any questions the court has and ensure your Divorce Order is made. McInnes Wilson Lawyers is here to assist you throughout every stage of your divorce. Contact us today to see how we can help.