Divorce Lawyers
Offices in Narre Warren, Warragul & Online
Servicing Victoria, South East Melbourne Suburbs & Gippsland areas.
Casey Family Lawyers are experienced, professional and compassionate divorce lawyers in Melbourne with our main offices in Narre Warren and Warragul. We also offer online consultations, providing advice and representation in all aspects of divorce, separation and other family law matters.
What is a divorce?
A divorce is the legal process that officially ends a marriage. A court order dissolves the marriage, allowing both to parties remarry. The divorce process only applies to legally married couples, whether the marriage occurred here in Australia or overseas.
What does the divorce application involve?
An application for divorce can be made individually or jointly with your spouse. If you are not making a divorce joint application, you must serve it on your spouse once the application process is finalised.
To file for a divorce, specific requirements by the applicant must be met:
- 12 Months Separation: You must have been separated for a minimum of 12 months, living separately and apart, before applying.
- Irretrievable Breakdown:Â You must demonstrate to the court that the marriage has broken down, with no reasonable chance of reconciliation.
- Jurisdiction: You or your spouse must regard Australia as home and intend to live in Australia indefinitely, or you must be Australian citizens or hold permanent residency.
Once these requirements have been met, the divorce application can be filed with the Federal Circuit and Family Court of Australia.
The court will allocate a court hearing for your application, and your divorce application will be determined by a court registrar. Whether or not you or your spouse need to attend court for the divorce hearing, usually depends on factors such as whether there are children under the age of 18 years, and/or whether you have filed a sole or joint application.
Divorce only relates to the marriage
It is crucial to understand that divorce primarily pertains to the legal dissolution of the marriage itself and does not address matters related to property division, financial support, or parenting arrangements (child custody).
These aspects are typically resolved separately through procedures such as property settlement or parenting arrangements.
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Divorce lawyers in Melbourne with realistic solutions
Casey Family Lawyers provides advice, negotiation and litigation representation in all aspects of divorce and family law matters. Â
Having practised in the family law jurisdiction for more than ten years, our Principal Lawyer and Owner Kelly Beck understands how complex, challenging and emotional experiencing a divorce and family law matter can be. Â
Trust Casey Family Lawyers to protect your rights, navigate complex legal matters, and work tirelessly with compassion to achieve realistic solutions and the best possible outcome for you and your family.
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FAQ
Common Questions for Divorce Lawyers
No court attendance is needed if there are no children under 18 or if a joint application has been made. However, a court hearing is necessary to make a sole application with children under 18.
It depends on the case load of the court but usually divorce matters are settled in court under 3 months from the date the application was filed.
The only grounds required for divorce in Australia are that the marriage has irretrievably broken down and the couple have been separated for at least 12 months.
A spouse cannot legally refuse a divorce if one party wants to end the marriage. Divorce is a no-fault process, meaning that it does not require the consent of both parties.
If one spouse initiates the divorce proceedings and meets the legal requirements, the court will grant the divorce even if the other spouse disagrees or refuses to participate.
Yes, it is possible to get divorced while living under the same roof, as long as you can demonstrate that you are living separately and apart in different bedrooms and not as a couple.
A divorce lawyer can provide legal advice, assist in preparing the necessary documents, represent you in court (if needed), and help ensure your rights are protected throughout the process.
Divorce finalises the legal termination of a marriage, while property settlement deals with the division of assets and liabilities between separating spouses. You should speak to us to determine if you need advice with respect to property settlement before you apply for a divorce.
Working with your lawyer and, if needed, attending mediation can help you create a parenting plan that prioritises your children’s well-being and best interests.