Divorce

Divorce Lawyers Melbourne

Separation and divorce entail significant personal and legal transitions. Although seemingly straightforward, there are necessary legal requirements that must be met during the process. The timing of a divorce can have lasting and significant effects on parenting, property, and financial matters. By getting the right legal advice from an expert divorce lawyer in Melbourne, you can protect your rights and confidently navigate the process of separation and divorce from start to finish.

Schetzer Papaleo Family Lawyers’ team of divorce lawyers in Melbourne provides practical legal advice and end-to-end support for these delicate matters.

Divorce Essentials in Victoria

Under the Family Law Act 1975, Australia follows a ‘no-fault’ divorce system. What this means in practice is that, rather than assigning blame like adultery or cruelty as grounds for divorce, the sole ground for divorce is an irretrievable breakdown of a marriage with no reasonable chance of reconciliation, as demonstrated by at least 12 months of separation. Even if the parties involved still live under the same roof, separation can occur as long as there is evidence that the relationship has come to an end.

A divorce can be filed by both parties jointly or by one party as a sole application. Often, joint applications are more straightforward as they tend to avoid contested hearings and service hearings. Sole applications, on the other hand, require the applicant to formally serve divorce documents to the other party following court rules.

Following an application, most divorce cases proceed within standard and predictable timeframes. Some factors may prompt a hearing, such as a contested application or in circumstances where there are issues regarding service. In straightforward cases, a divorce can be finalised without either party needing to make an appearance in court. The guidance and expertise of a Melbourne divorce lawyer can help a couple resolve matters while minimizing conflict and unnecessary costs.

Linking Divorce with Parenting/Property

Parenting arrangements and property settlements are distinct legal processes that often occur concurrently with divorce cases. Strategic coordination of these matters can make for a smoother, less stressful process throughout the various aspects of a case. It is essential to note that a divorce triggers strict time limits for processes such as property settlements and spousal maintenance applications, making early planning crucial and greatly beneficial. Sound legal advice ensures that each step protects your best interests while supporting the broader strategy and long-term outcome.

Common Timelines & Checkpoints

Having a clear understanding of a typical divorce timeline helps manage expectations. Following a divorce filing, a hearing date is always allocated. Initially, it is listed without the need for an appearance. If there are issues regarding responses filed/application in a proceeding filed/issues with service, it may be listed for a hearing with appearances required. If all legal requirements have been satisfactorily met as deemed by the court, it may grant the divorce at the hearing. A divorce then becomes final one month and one day after the order is made.

Unless special permissions are granted by the court, property settlements and spousal maintenance applications must be generally commenced within 12 months of the divorce being finalised.

Let Schetzer Papaleo Family Lawyers Assist You Throughout the Process

Given our extensive experience and passion for ensuring legal accuracy while protecting the best interests of our clients, we take a hands-on approach in preparing and filing your divorce applications, providing you with timely advice tailored to your specific situation. We can assist you with accurately completing your application, attending the hearing if required, and drafting further documents where necessary. In the event of service issues such as difficulty locating the other party or non-cooperation, we assist with alternative service applications and court directions as well.

As a group of family lawyers well-versed in all aspects of family law, we also coordinate divorce proceedings with related matters of parenting and property to ensure that nothing is overlooked.

By trusting Schetzer Papaleo Family Lawyers for legal advice in these matters, you can move forward and proceed in these critical matters with clarity and confidence.

What To Prepare

Presenting relevant information and documents during your initial consultation can help us give you tailored advice from the start. Consider bringing important documents such as your marriage certificate, details of the date of separation, and evidence of separation if you’ve continued living together. Current contact address and details are essential for sole applications in order to satisfy the requirements of service.

We can guide you on the requirements and how to obtain them, as well as help if you are having difficulty presenting relevant information.

Book your consult with Divorce Lawyers

Separation and divorce can have a profound impact on your legal and financial future. Early and accurate legal advice protects your rights and helps you make confident decisions moving forward.

Take the next step forward with certainty and book a consultation with our separation and divorce lawyers in Melbourne today. Get in touch with Schetzer Papaleo Family Lawyers at +61 3 8602 2000 or email us at admin@spfamilylawyers.com.au for clear guidance in all your legal family matters.