How to Start Divorce Proceedings


If your relationship has been breaking down for some time and you cannot see any way to restore it, you may want to consider starting divorce proceedings. Once you would have had to see a family lawyer like Accelerate Family Law, but these days a divorce can be applied for online. However, you must realise that nothing else except the dissolution of the marriage will be settled. Custody of children and division of assets are another matter entirely.

It is important that the divorce is written well and is thorough because we often get asked “what can I do if my ex-partner refuses to let me see my children?” – so making sure this is covered is of the upmost importance.

You can still consult with a lawyer first if you want to. He or she will be able to explain some of the things that you need to know or are not sure of, especially how the law will apply to your situation. They can even do the application for you. However, many people simply apply for a divorce online. A fee also applies, that must be paid online if this is the route you decide to take. The fee is $865, but you may be eligible for the reduced fee of $290.

In some cases a couple decide to both apply for a divorce online. If this is the case, both are considered to be the applicants, while if only one of you applies, the other one becomes known as the respondent, for legal purposes.

In 1975 The Family Law Act established that there could now be no-fault divorce. That is, neither party has to establish fault for the breakdown of the relationship. The Courts simply grant a divorce on the grounds that the marriage has broken down and that there is no hope of it ever being restored. A couple have to live apart for 12 months before it is possible to get a divorce. If you become confused about how to go about filling out the online forms or supplying other documents you may need, there is a live chat feature to get help easily.

So what happens after you have applied for a divorce online? You have to let the other party know what is happening and you do this by serving them with your application for divorce. If a joint application was made, this step is not necessary.

You can eFile the service documents and fill in the appropriate name and address to have this done automatically. There is also a button that looks like an envelope you click on to be notified when the divorce has been granted. People who are used to computers and filling forms out online may find this method the easiest way to apply for a divorce.

Anyone who is not used to it may be better served by seeing a lawyer who can do all that has to be done for them. That way they at least know it will be done correctly.