Our team of Sydney family lawyers can help you simplify the process of divorce.
We do this by hearing our client’s situation and providing top expert advice tailored to our client’s needs and circumstances. Whether it be determining eligibility for a divorce, preparing paperwork or serving notices to the other Party. Contact JB Solicitors today to simplify the process.
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According to the Family Law Act (1975), The Court Must Be Satisfied That:
Yes, you can – In the situation where you have continued living together under the same household when you are separated, and this period is within 12 months before the divorce application filing date, each spouse must file an affidavit supporting the facts that:
1. There has been a change in circumstances.
2. The marriage has broken down to an irretrievable point.
Where one spouse has applied for a divorce, they are required to file an affidavit in support of this, together with an affidavit made by a witness who can sufficiently support the circumstances.
A ‘Response to Divorce’ must be filed:
You can electronically file (eFile) a Response to Divorce.
File it at a family law registry. See here for more information.
You will have to go to Court in the following situations:
1. You applied for divorce on your own, AND there is a child of the marriage under the age of 18 at the time of the application.
Please note – this includes any children living with you and your spouse that you treated like members of the family, such as a child from a prior relationship or foster child.
2. If you are applying for an order for substituted service. This means you are not able to serve your spouse in the usual way but can in another way.
3. If you are applying for an order for dispensation of service. Dispensation of service means you are incapable of serving your spouse entirely.
4. Where you have filed an affidavit to explain situations where:
– You have been married for less than two years.
– You are separated but continuing to live under the same roof.
If you do not attend Court and more information is needed from you. You will be given another Court date which you must attend.
The breakdown of a marriage leading to a divorce is a stressful experience in anyone’s life. The technicalities involved with learning how to apply for a divorce should be the last thing on one’s mind during such an awful time.
Our team of expert Sydney family lawyers help take the guesswork out of the correct procedures to follow when filing an application for a divorce. With JB Solicitors, you can trust that your matter is in the hands of professionals.
Call us on 1300 287 911 to help put the worry out of the process of applying for a divorce.