Divorce is a sensitive topic, and there are many questions about divorce. Below, our lawyers have gathered answers to some frequently asked questions about divorce that they have been asked by clients. These answers are based on their experience with family law, more specifically divorce, and court procedures.
Q: What should I do if I have a general question about divorce, but I am not ready to start the formal process yet?
A: You can connect with us through our homepage, or at info@mylegalcrunch.com to book a free 15-minute consultation with one of our lawyers to address any questions about divorce you may have. We will walk you through the process if desired, and give you time to decide your next steps.
Q: Why should I use your services?
A: Unlike many non-legal service providers, we offer a comprehensive service that covers everything from the divorce application to personal service of the application on the respondent. We can also attend the divorce hearing if required, making the divorce process easier for you.
Q: What is the current Court filing fee and could it be possible to avoid the fee?
A: The Court charges a filing fee for divorce applications, which generally increases each financial year. The current fee is over a thousand dollars, but you may qualify for a reduced concessionary fee if you face financial hardship or hold a concession card.
Q: Why is there a service fee for a divorce application?
A: If your spouse does not acknowledge receipt of the divorce application, we will arrange for a process server to deliver it personally. The service fee covers the cost of the process server and our coordination efforts.
Q: What if I don’t have my Marriage Certificate?
A: Our divorce lawyers can help you order a copy from the Births, Deaths, and Marriages Registry if you were married in Australia. We can also assist you in circumstances where you cannot obtain a copy of your marriage certificate.
Q: Can I apply for divorce if I was born overseas?
A: Yes, as long as you or your spouse are Australian citizens you can always apply for a divorce. Other circumstances are if ether party has permanent residency, or considers Australia home and has lived here for at least 12 months before filing for a divorce.
Q: How long does the process take?
A: Typically, from the time you sign your application and we file it, it takes about twelve to sixteen weeks to get a hearing. After the hearing, the final Divorce Order is issued in one month and one day.
Q: Do I need to attend the hearing?
A: Usually, you do not need to attend the Court hearing unless there are children of the marriage under the age of 18 (in sole applications). In such cases, our lawyers can attend the hearing on your behalf. Attendance may also be required in rare cases where the divorce is contested, such as disputes over the separation period.
Q: Does my location affect your ability to help with my Application?
A: No, your location does not affect us. As long as you meet the jurisdictional requirements for a divorce under the Family Law Act 1975, our lawyers can assist you with applying for and filing your Divorce Application. We have successfully helped clients from various locations across Australia, including remote areas. Our lawyers have also worked with clients from overseas. If retained by you, our lawyers will prepare, file, and attend any necessary court hearings. They will work with you from the start, with any additional questions about divorce you have, to finish to obtain a Divorce Order.
