Couples seeking a divorce have to understand a number of legal matters. They would need to hire a family lawyer in Marybrough. A lawyer would then make a request to the court to help grant you orders which would include divorce, child custody, spousal maintenance and visitation rights. Then there is also the case of division of the matrimonial assets in the right manner. All these things are best handled by a professional family lawyer.
In order to carry out all of the above mentioned proceedings, the lawyer would have to file a petition in court. Anyone filing for a divorce first needs to put up the petition in court and then their partner would be notified of the petition by the curt only.
Also it should be kept in mind that the petition is usually delivered in person. If there are any safety issue they must be addressed before the petition is sent out. Make sure that you and if you have children are in a safe place.
Before the final settlement there are a series of proceedings which would occur. In case you and your partner are not in agreement over certain matters things might need to be settled in court. There would be hearings and the decision would be made based on those only. All these processes are time consuming so you could take permission from the court on how things like custody would be handled. The court would require each of the partners to talk about their financial situation while also providing documentation like financial statements and so on. The court would then make a decision regarding financial support from one spouse to the other.
The decision on this matter would be made by the judge and is known as an interim order. This will be the deciding factor on how things are going to be until the final order has been passed. The interim order stays in effect till the date the final order has been passed.
The divorce act despite allowing freedom for a couple to separate, also allows for reconciliation. It is the duty of your lawyer to let you know about this. There are counselling facilities which could help make reconciliation possible.
Mediation is also an option in which a third party would try to mediate between the two parties who are involved and help them reconcile using different matters for discussion.
However if mediation is not a possibility, a couple may choose to go forward with the divorce proceedings.
Couples who are living separate can file for divorce. It is also valid if one of the partners was involved in adultery. If the couple has children, the court would grant the custody of the children tone of the parents. The couple might also be allowed joint custody in which case both the parents acre for the children jointly. Also the partner who I financially stable would need to pay for child custody.
A family lawyer in Maryborough can help make the entire process less stressful.