6th May 2020
Have you known for a while now that you need to get a divorce, but you want to know what's involved and how long a divorce takes in Queensland? Ending the marriage took long enough, so you don't want to wait endlessly for your divorce to be finalised. The good news is when a divorce is handled efficiently, you can get your divorce in three to four months. However, before you can file for divorce you need to have been legally separated for at least twelve months.
The three to four-month window begins the day you file your application for divorce with the court and continues until the divorce is granted at a hearing. The hearing is when your draft orders are made and one month and a day after your hearing the divorce is granted when all orders are made final. Each of you gets a copy of the divorce decree order, and you're free to move forward with your life.
If your marriage has ended and exists only by name, only read on to discover more about the divorce process. The informational guide below gives you details about the divorce timeline, proceedings, and the legal finalisation of your marriage.
It's the Federal Circuit Court of Australia in Queensland that handles and decides on the divorce cases that are filed with them. There are different marriage situations the Federal Circuit Court of Australia has to take into account when you're filing for a divorce. Some of those situations include if you and your spouse share property or have children together.
A lawyer is always recommended if common property or children are involved in deciding to end your marriage legally. The first thing you want to make sure of is that you've been legally separated for at least twelve months and one day. Even if you separated and got back together multiple times, if the months you lived apart were equal twelve months, then they are counted as a 12-month and one-day separation. This is so long as the total period of reconciliation is not more than 3 months.
You also have to meet three criteria before you can begin the divorce process. Those criteria are:
If children are involved, you should seek a solicitor’s help because the divorce process and timeline can change due to the children involved and the protection of their welfare.
You can file for divorce together with a joint application, or you can file for divorce through a sole application by yourself. The joint application filing means you don't have to go to court. If you file a sole application and there are children involved who are under eighteen, you must go to court.
That's because you and your children were part of a family unit before the separation; therefore, you must go to court for the legal rulings on both the child arrangements and property settlements from any common property. Even though your marriage is ending the property you own together has to be divided or decided. You will also be dealing with figuring out the appropriate arrangements for your children.
The common property has to be divided or arranged via a final settlement within twelve months of the date of your divorce order. It's when you can't decide how to resolve your property settlement or child arrangements that many courts recommend family dispute resolution services. If family resolution services cannot help you come to an arrangement with your property or children, then the court decides for you with a legal ruling.
Court-ordered or voluntary family dispute resolution services involve mediation for the parties to negotiate an outcome without the stress and cost of going to Court. Mediation services help you sort out and facilitate respective and forward-thinking negotiations. Mediators are trained independent third parties who are skilled in helping work on agreeable solutions rather than fighting for one side or the other.
There is no right or wrong sometimes in child custody arrangements because often, there is only what's best for the child's welfare. You can even do a shuttle mediation where the mediator is the go-between that relays information, requests, and proposals between each party until you're able to reach a resolution.
Property distribution between two parties seeking a divorce can be difficult sometimes because what's fair to one party in the divorce may not seem fair to the other party. All property divisions and distributions are not equal, and there's also not an exact guidebook for working it out. That's because each marriage and each circumstance of the divorce, property, and children are unique to that family.
Because every divorce situation is unique, each property settlement is too. In the end, what needs to be decided is the sharing of the assets in the property so you feel your immediate and long-term future is safe. You want the settlement to be fair and reasonable but also to take into consideration the overall welfare of you and your children's lives.
There's no doubt you have more questions than answers when going through a divorce. But if you reach out to Koolik & Associates they have the answers you seek. No one wants to go through a divorce that's difficult, confusing and adds more anxiety to an already stressful situation.
But there is a way you can have the best possible resolution for difficult problems, as Koolik & Associates and care about making your divorce process as stress-free as possible. When you need property settlements, child custody resolutions, mediation, or any other family law issue resolved, Koolik & Associates will help provide legal options that help you take the next step towards your future.
Please note the content of this post is information only and not legal advice. If you require legal advice it is best to contact one of our lawyers who can review your particular circumstances and then provide tailored advice according to your needs.
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