Divorce and separation can be a confusing and emotional process, and there are many preconceptions that can lead to misunderstandings. Let’s address three common myths, to help clarify what you may be able to expect after you separate.
1. You must be separated for a year before divorcing
While you do need to be separated for at least 12 months to file for divorce, this doesn’t mean you have to live in separate homes. You can still live together under the one roof as long as you are living separately in a practical sense, which may involve conversation about the separation, living separate lives, financially separating themselves, and dividing household tasks that was once done on behalf of the other. There are other circumstances that the court will take into account when considering if the separation period has been met. Speak to one of our lawyers to get personal advice on this issue.
2. Divorce is always a lengthy process.
While some family law matters can take time, including where there are complex parenting or property issues, it is possible for your matter to be resolved quickly especially if both parties are amicable, able to communicate effectively, or have reached an in-principle agreement. Engaging in mediation can also help speed up the process by facilitating discussions and reducing conflict. Obtaining a divorce order itself is usually uncomplicated and not an extended litigated issue, provided all parties have met the requirement for a divorce order to be met and the Application for Divorce can be served on the other spouse party.
3. You don’t need a lawyer to finalise your divorce.
While it is possible to file for divorce without a lawyer, and otherwise come to an informal agreement regarding parenting arrangements and the division of property, it is important to document any agreement reached to ensure your rights are protected. A lawyer will help navigate the complex situation and otherwise work to document any agreement reached, if it is in your interests to do so.
Reach out today if you are going through a separation, and want personalised and practical advice about your situation.