Family law can be very complex and it’s important that you have the right information before beginning any legal proceedings. There is a lot that needs to be considered in family law cases and it’s always wise to seek out professional family law advice to ensure you put your best foot forward. An experienced family lawyer will be able to give you all of the support and guidance you need to navigate your case with confidence and get the best result possible.

When you are facing a family law case, it’s normal to have lots of questions. For most people, family law proceedings are completely new to them and they are not familiar with how things work. While your case is certainly unique, it will follow a similar process to other family law cases. As you might expect, the same questions are asked time and time again, as most people are facing similar circumstances in court. Below, we take a look at some of the most common questions about family law so you have the information you need to proceed with confidence.

Let’s take a look at some of the most commonly asked family law questions and the answers to them.

How Much Does A Divorce Cost?

The cost of a divorce can vary from one case to the next. As every case is different, it’s important to speak to a lawyer about the specifics of your case to get an accurate quote. The filing fee for an application for divorce in Australia is currently $930.

How Long Does A Divorce Take?

Generally speaking, it takes a minimum of four months to receive a final Divorce Order. However, it can take longer, depending on the circumstances of your case and how easily you can serve your ex-partner.

Can My Spouse Refuse The Divorce?

It’s very rare for there to be grounds that would prevent a divorce from being granted. Should there be a disagreement regarding the date of proceedings or the date of separation, these will need to be figured out in court prior to the divorce proceedings beginning.

What Do I Do If I Cannot Locate My Spouse?

In the event that the whereabouts of your spouse is unknown, you should apply directly to the court to move your divorce forward. You will need to prove to the court that you have made a significant effort to contact your spouse.

What Happens If Children Are Involved

If your children are over the age of eighteen, you should be able to move forward with your divorce with relative ease. However, if your kids are under eighteen, the court may not allow for the divorce to be granted. They will ask that you have arrangements in place for the care and welfare of your children and these will need to be proven to the court.

How About Child Maintenance Or Property Issues?

The divorce proceedings focus on determining whether or not your divorce will be granted by the courts. When it comes to child maintenance or property issues, you will need to file an application for property division or child maintenance within twelve months of your divorce becoming final.

When Can I Use My Maiden Name Again?

You are under no obligation to wait for divorce proceedings to be finalised before reverting to your maiden name. You are allowed to use your maiden name again at any time, even before the divorce proceedings begin.

How Do I Get Started?

To move forward with a divorce, the first thing you need to do is seek out legal advice. A divorce lawyer will highlight everything that needs to be considered in your case and will help you to figure out what to do if there are children involved. If your partner agrees, the agreement can be finalised without going to court.

What If My Partner Doesn’t Agree To The Terms?

Should you and your partner be unable to settle the divorce out of court, parenting orders will be issued by either the Family Court or Federal Circuit Court. Before applying for your parenting orders, you will need to go to court for family dispute resolution. Should your case end up in court, the judge will ultimately determine what is your children’s best interests moving forward.

Make Sure You Have The Information You Need Before Beginning Your Divorce Proceedings

Going through a divorce can be difficult. However, having a better understanding of the path ahead will help you to navigate these difficult times with greater ease and ensure you get the best outcome from your case. Having a better idea of what is involved will help you to communicate better with your lawyer about the details of the case as you will have some basic understanding of what is happening in the proceedings. Arming yourself with as much information about the divorce process before you ever begin is key to ensuring your divorce is as straightforward as possible.