If you have been stressing and wondering about ‘how long does a divorce take after filing papers?’ then the chances are you are getting sick and tired of the toll your divorce has taken on you.
If this sounds like you, the following article will discuss the lengths of each process involved in a divorce that you can expect.
Eligibility For Divorce Will Effect How Long Divorce Takes
Before considering the question of ‘how long does divorce take after filing papers?’ we must first consider the length of time required to be eligible for divorce. Unfortunately, you cannot just get divorced straight away because you wish to do so.
In approving a divorce application, the Court must be satisfied with three things.
FIRST – You and your former partner have lived separately and apart for a minimum of twelve months: To satisfy this requirement, you may have still been occupying the same residence. The main objective behind this requirement is that the parties have behaved with one another in a way that they are no longer in a relationship since separating.
Australian family law recognises that some former couples will need to continue living together for financial reasons or stability. Accordingly, former couples who are separated but continue to occupy the same residence are recognised under the Family Law Act 1975.
In most cases, this requirement will add the most significant amount of time required to get divorced.
SECOND – There is no reasonable likelihood or the prospect of resuming married life: This is when both parties are confident that they do not want to continue their marriage.
THIRD – The proper arrangements have been made for children under the age of 18 (if any): This concerns matters such as:
- The school they will attend;
- What days they will spend with each parent;
- Where they will live; and
- Who will drop off and pick up the children from school.
How Long Does Divorce Take After Filing Papers?
In Australia, a divorce will typically take roughly four months before the Court will officially grant it. This time is from the point you have first applied for divorce in Court until the Court has issued the divorce order and it is finalised.
Despite this, it is crucial to be aware that even in the simplest of cases, a divorce can be a lengthy ordeal that extends beyond merely just getting divorced itself. Although you may desire to file for divorce as soon as possible, asset and property division is related to the initial date of the separation of the marriage provided on official documentation.
To ensure that your divorce is finalised as soon as possible, you need to ensure that all applications, forms and paperwork are completed correctly. If anything is not done correctly, the Court will delay your divorce application. As the Court is very backed up, these mistakes can result in delays of weeks.
The Aftermath of Divorce In Australia
If you have found yourself asking the question of ‘how long does divorce take after filing papers?’ then the chances are you are just wishing for all of the stress and commotion that goes along with divorce to be done with.
The unfortunate reality in many cases for divorce in Australia is that if couples cannot reach an informal agreement, issues such as the division of their mutual property and assets and the parenting and custody arrangements of your children will need to be decided in Court.
On the lower end of the spectrum, these issues can be resolved in a few months. In the worst cases where couples cannot reach an agreement and relentlessly pursue litigation, such disputes can last for years.
When Your Spouse Does Not Want a Divorce
As stated earlier, a divorce can be a very lengthy and stressful ordeal. However, this length and stress are sometimes made worse when parties disagree on whether they should get divorced, which can lengthen the process and cause additional stress.
Whenever parties disagree, this means a contested divorce has arisen. Moreover, divorce cases that involve children further complicate and lengthen the process. This is because, in every instance involving children under the age of 18, the Court must be satisfied suitable arrangements are made regarding their care before granting the divorce.
Bigamy In Australia And Divorce Length Of Time
An issue that comes up quite often when discussing the question of ‘How long does divorce take?’ is the issue of bigamy. Bigamy refers to the offence of marrying someone else while you are already married to another person. In Australia, bigamy is illegal. As such, you need to ensure that the Court finalises your divorce before remarrying. In Australia, bigamy means your new marriage is not legal and is also a criminal offence.
In Australia, marriage legally requires a person to:
Be a legal adult (18 years old) – the only exception to this being with Court approval when one person is 16 and the other is 18;
- Not be already married;
- Provide notice in written form regarding their intention to marry to an authorised officiator;
- Have mental capacity to understand what marriage entails and to be able to provide consent;
- Use particular words during the ceremony, such as wedding vowels; and
- Not to marry a close relative, including your brother, sister, parent, child and grandchild.
Importance of Seeking Legal Advice
When discussing the question of ‘how long does divorce take after filing papers?’ it is essential to note that although your divorce may be finalised, other issues are not.
These include issues such as the parenting arrangements of your children and the division of your property and assets, which may arise and lengthen the Court proceedings you may be expecting.
If you have any questions about divorce, please do not hesitate to reach out.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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