No one ever goes into a marriage thinking about divorce. Unfortunately, it’s a fact of life that not all marriages are forever. Some will end in divorce.
For whatever reason, whether you choose it or not, you may find yourself in a situation in the future where you have to ask yourself:
How do I file a divorce application? How does the divorce process work? What is a no-fault divorce? What’s the cost of a divorce? Is ours an amicable divorce? What about joint custody of the kids?
You might be asking those questions now.
To make sense of a complex topic that often comes with emotional stress and turmoil, we asked two lawyers who specialise in family law to explain how to file for divorce, should you ever need to.
What is a divorce?
Sheridan Emerson, Partner and Accredited Family Law Specialist at Pearson Emerson Meyer, finds we often tend to talk about ‘getting a divorce’ as a long, drawn out and complicated process.
While it can be very emotionally stressful, the act of filing for divorce is fairly straightforward.
“People usually refer to a divorce as one big thing involving money, custody and the end of your marriage. There’s a sense that it’s all wrapped up together – property settlement, parenting agreements,” Emerson told Mamamia.
“Essentially, a divorce is simply the official end to a marriage relationship. In the beginning, you get married and right at the end, one or both of you can apply for a divorce. The divorce, from a legal perspective, is quite administrative, so it’s really a matter of filling out a form.”
How to file for divorce.
As Emerson mentioned, getting a divorce tends to be more about bringing together documents and filing them than sorting through the nitty gritty details of joint finances, property and children.
It's for this reason you can file a divorce application on your own, online, Australian Family Lawyers Senior Associate Maria Pejoski-Aleksovski told Mamamia.