For those you are looking for separation from your spouse but do not know about the procedure well then, this is the right article for you. Get to learn everything about separation from our experts who will provide the best family law advice Melbourne. Read on to find more!
Things to keep in mind for a smooth process
As messy as separation and divorces can be, a couple always looks for a way in which they can ease out the process and still have the respect for each other. Only when you get the right family law advice Melbourne, will you be able to go through this period smoothly. Here are a few ways in which you can do that:
#1 Proper paperwork
For any divorce, the legal documents which are crucial. Both the people should be aware of their rights and what they are signing. Depending on what your equation is with your spouse, you will have to sign various documents which need to be tracked.
If you two have a child together, it is important that the father is aware of father’s rights Australia. This will ensure that you as a father do not miss out on anything or say something which might lead to the decision going in the other direction.
Filing the paperwork is also necessary. Your lawyer should check with the requirements of your state as to what are the documents that need to be copied. You might need to pay a filing fee as well. There might be a few documents which need signatures from both sides. Get the right family law advice Melbourne to ensure all the paperwork goes smoothly.
#2 Serving your spouse with the documents
Once you are done with the documentation, you will have to provide the same to your ex-partner. Multiple documents will be provided to the other party to analyse and sign the same. There is a certain procedure to be followed when you plan to serve the other party with documents. Make sure you follow those properly.
All these properties will have a deadline which needs to be followed by the other party so that the case can move forward to the hearing process.
If there is a child involved, make sure you consult your lawyers to know about the father’s rights Australia. The situation might become a little messy and emotional. However, only when you file and provide the documents to the other party will you be able to make it a clean and legal separation.
#3 The temporary hearing
Once both the parties have received the documents and signed the same, you will get a temporary hearing. Whichever party requests for the temporary hearing will have to attend the same.
The procedure will also require a certain set of documents that you will have to bring to the temporary hearing. Documents such as Wage Statements, a completed Financial Disclosure Statement, and Income Tax Returns are a must. You should get family law advice Melbourne to get a better idea of the documents that you will need to carry to the hearing.
You might also be required to provide one additional document that is the certificate of divorce. Once you provide the same, you can move to pre-trial.
#4 The pre-trial conference
Separation is a long and time-consuming process. Both the love you shared and the money will be lost during this lengthy process. However, pre-trial is a stage which will be comparatively easier if both of you agree to the terms and have signed the documents as well. You will need to file a marital settlement at this point after which you might proceed with the divorce hearing so that the court can make a final ruling of the issue.
Getting a trustable family law advice Melbourne will make this entire process easier and a little speedy. Your lawyers will be able to take care of the necessary documents and ensure you are coming off better at the end of it.
However, if both of you are not satisfied with the terms, the court will decide the fate. During the hearing, you will have to present sufficient proofs so that the court can make a decision and move forward from the trial.
#5 The final legal step
You and your ex-partner will have to decide the date of the divorce during the trial. You and your lawyers should get all the necessary documents and evidence. Make sure you need yourself free for the day of the trial as not showing up can lead to the decision going in the other direction.
Once all the procedure is done, the judge will issue one final document to set the final terms, and then you will be granted a divorce.
In case of kids, you will need to know about every father’s right Melbourne to turn the decision into your direction.
#6 Starting a new life
Once you get your divorce, you should start on your path. Go solo and meet new people. Don’t let yourself down after the separation. Make the most of your time and start a new and better life. However, keep track of your finances as you are on your own after the divorce. You should not spend your money carelessly and take any impulsive decisions. Talk to the people who care for you and have been with you during this entire process.
After the divorce, start setting targets for yourself and achieve them as you move forward in life. Focus on making yourself a better and strong person.
Getting the right family advice
You will definitely need some professional help at the time of divorce. Melbourne Family Lawyers provides the best family law advice Melbourne. Our expert and experienced lawyers will guide you at every step and ensure you come off better after the settlement. During this tough time, make sure a person who understands your story and pain should be there to represent you. Get the right help!