Divorce is a difficult and emotional process that can be overwhelming for both parties involved. The legal process of obtaining a divorce can also be complex and time-consuming. In this blog post, we’ll discuss the five stages of a divorce application in detail.
5 Common Stages of Divorce in Australia
Filing the Application
The first stage of a divorce application is filing a divorce petition with the court. This petition outlines the reasons why the marriage has broken down irretrievably.
The petition must be filed in the appropriate court, usually in the jurisdiction where either spouse resides. It is essential to note that each state has its own requirements for filing a divorce petition.
In the petition, the petitioner must provide information about themselves, their spouse, and any children they may have. They must also provide details about the assets and debts they share with their spouse. The petition must be signed and notarized.
You can hire the best divorce lawyers Sydney to help you with the application process.
Service of Process
After the petition is filed, the other spouse should be served with an application copy. This is typically done either by a process server or a law enforcement officer.
The spouse being served has a set deadline to respond to the petition, typically within 30 days of being served.
If the other spouse does not respond to the petition, the court may grant a default judgment in favour of the petitioner. This means that the court will finalise and frant the divorce based on the information provided in the petition.
Response
The spouse who received the copy of the divorce application may choose to respond to the petition. They may agree with the terms of the petition or disagree with some or all of them.
If they disagree, they may file a counter-petition outlining their own requests for the terms of the divorce.
If the parties are able to come to a mutual agreement on the terms of the divorce, they may file a joint petition.
This means that they both agree on the terms and do not need to go to court to have a judge decide the terms of the divorce.
Since divorce settlements also involve properties, it’s recommended that you hire an experienced property lawyer Sydney.
Negotiation and Settlement
The next stage is for both parties to negotiate and reach a settlement agreement. This may involve the assistance of attorneys or a mediator to help resolve any disputes about child custody, visitation, division of property, and spousal support. If an agreement is reached, it will be submitted to the court for approval.
If the parties don’t come to an agreement, the case may go to trial. At trial, a judge will make a decision on the terms of the divorce. It is important to note that a trial can be a lengthy, complex and expensive process.
Therefore, during this phase, consulting expert divorce lawyers Sydney is always suggested.
Finalizing the Divorce
Once a settlement agreement is reached, or if the parties are unable to come towards a mutual agreement and the case goes to trial, the court will issue a final divorce edict.
This decree legally ends the marriage and sets forth the terms of the divorce settlement, including any arrangements for child custody, visitation, and support, as well as the division of property and spousal support.
Conclusion
It is important to note that the divorce process can be emotionally challenging and stressful. It is recommended that both parties seek the advice of an experienced property lawyer Sydney to guide them through the process and help them achieve a fair and equitable resolution.
Sydun & Co Solicitors 
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