Divorce Guide

Divorce Guide

Do It Yourself Divorce For Australians

Do it yourself divorce is a divorce procedure in which you apply for your divorce on your own. In such cases, the other spouse is not applying for the divorce with you. You are responsible for the divorce application and it is you who have to answer all the questions that relate you and your spouse. You are called as the applicant when you are applying for the divorce and your spouse is termed as respondent. Your divorce application is termed as sole divorce application.

If you are applying for your divorce, you will have to file the divorce papers. You can either prepare your own divorce application or hire an Australian divorce lawyer. You can also make use of the Australian divorce kit and follow the instructions given in it.

You will have to provide all correct details regarding your contact numbers and address. The documents related to divorce can be sent on this address. You will have to serve the divorce papers to your spouse. In case you have some problem, you need to inform the court and apply for dispensation of service or substituted service.

You will have to provide the information regarding your marriage. For this, you will have to submit a copy of your marriage certificate along with the application. In case it is not available, you will have to prepare an affidavit and file it. You should take some legal advice while you prepare an affidavit. Proper explanation regarding your marriage certificate, and other details should be mentioned to avoid any problems. You will also require an affidavit if your marriage certificate is not in English and submit a translation of the certificate in English.

You can file for divorce only when you have separated from your spouse for at least one year. You need to tell the court that while you separated, one or both of you had intentions of divorce and this was well communicated to your partner.

You and your spouse may be separated under the same roof. This refers to your living in the same house, but separately. You will need some witness to prove your separation. That witness will have to file an affidavit with all the details of the separation. In case it is two or less years that you have been married, you will have to attend counseling. If you are not able to attend counseling, you will require court permission to apply for a divorce in Australia.

You need not attend the court hearings in case there is no child involved in your divorce that is below 18 years of age. In case there is a child, you will have to attend the court hearings if you are a sole applicant and the child is a minor. You can request to be available on phone to the court in case you cannot be present in person. If you fail to attend the court without informing, then your divorce application can be rejected.

You will get divorce only if you have made proper arrangements for your children and the court is satisfied with it. For this, you will have to provide details like arrangements of time and money, health care, education, etc for the children. In case of more than one child, you will require to give individual information regarding each child.

Do it yourself Divorce is a good option for Australians. You need not hire a divorce lawyer and it saves your money. However, you will have to understand the divorce process in Australia in great detail and satisfy all the requirements of a divorce in Australia.

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