When marriages break down, it’s essential to have a clear understanding of the next steps. The only legal reason you need to be granted a divorce is that your marriage hasn’t worked. If you’ve been married a short time and are seeking to divorce, there are a few things you need to know before a court order can end your marriage.
If you want to end your marriage legally, you must have lived separate and apart from your spouse for at least 12 months. In most cases, you can begin the steps to divorce before the 12 months, however, the divorce cannot be completed until one year has passed.
During the 12 months, you must live apart from your spouse with the intention of ending your marriage. The law accepts that there has been a breakdown of your marriage if you can prove that you and your spouse have lived separate and apart for at least 12 months.
The court may deem you to be living separate and apart while continuing to live in the same residence, although it depends on your individual circumstances. This is the most common ground for divorce as it requires less evidence and is less likely to be contested.
If there’s another reason for the breakdown of the marriage, for example, adultery, emotional or physical violence and cruelty, the court may grant divorce earlier than 12 months. You will need to show that living together is not safe. You will also need to prove what happened and show evidence. In cases of adultery, the other party to the affair needs to be served and given an opportunity to defend his/her honour in court.
This process requires additional steps and generally a lawyer’s help.
Once you have either lived apart from your spouse or worked through your particular circumstances, you must:
Typically this is a 3-4 month process.
Before starting divorce proceedings, it’s recommended that you seek professional legal advice from a divorce lawyer. A lawyer can walk you through how the law applies to your individual circumstances and help protect your rights. In a lot of cases, there are other claims that need to be made in addition to the divorce itself. We therefore strongly recommend that you consult with a lawyer prior to filing in court.
Contact us to schedule your free consultation.