You may think that you ‘owe’ your current spouse or ex fair warning before asking for a divorce, but the truth is that you don’t need to give any indication before the papers are served.
Divorcing is a fact of life — but it’s a difficult and hurtful truth. What you need to be concerned isn’t your ex’s reaction but how to get through it and to take care of your children. Here are four things that you need to know before uttering a word about a legal separation:
You can be separated but still be living in the same house.
You might think that you have to move out for the court to recognise that you and your spouse have separated, but that’s not the case. What you do have to prove is that while you lived in the same house, you were separated from your spouse for at least 12 months before.
It doesn’t matter why the marriage ended.
Australian law supports the principle of no-fault during separation proceedings. Excellent family law solicitors, such as Townsville’s connollysuthers, will always tell you that the court doesn’t care whose fault it is — only that both you and your ex want to go through divorce proceedings.
You can get a discount.
There are specific fees for filing a divorce, but if you’re having a tough time in your life, the court can reduce these costs. Still, you have to qualify for these reductions with your ex. If one of you violates the exemptions, you both have to pay the fees in full.
Your ex can only oppose a divorce on two grounds.
The only two reasons your ex can stop the divorce from happening is if he or she can prove that you have not been separated for at least 12 months or the court hearing the case has no jurisdiction.
Keep in mind that even if your ex doesn’t show up for divorce hearings, the process can continue. So if you’re ready for the drama and difficulty, then it’s time to call that lawyer.