Most people have a complicated time filing for divorce. The bulk of the work happens after one makes their divorce application. Below is an article detailing the activities that occur after making a divorce application.
Process Service
If you did not make a joint divorce application, ask your family lawyer to serve the divorce papers to your spouse. Typically, Australian law prohibits plaintiffs from serving defendants. Therefore, you need a professional to conduct process service on your behalf. Process service could set several events in motion. First, your spouse could sign the papers, easing the divorce process. Alternatively, they could refuse to sign the papers. In this case, your lawyer contacts their legal representatives to inquire why they did not sign the papers. For instance, it could be that you do not meet the divorce criteria. If you meet the required standards, but your spouse does not want to divorce, your family lawyer could ask the court to grant you the divorce regardless.
Parenting Arrangements
Once you file for divorce, the court asks you to attend a mandatory hearing to explain your parenting arrangements. If you do not have an agreement, the court gives temporary orders. At this stage, your legal team should meet with your partner and draft a parenting agreement. You must be rational when negotiating with the other party. By law, your understanding should prioritise the child's interests, not your own. If your agreement meets the required legal standards, the lawyers file it in court, making it a consent order. Simply put, you could be held in contempt of court if you disregard the conditions of the contract. The benefit of consent orders is that parents can amend them to suit changing situations. For example, if your financial situation improves, your spouse could let the kids live with you.
Property Settlement
Property settlement often causes conflict among divorcing couples. After all, each party wants a larger share of the marital property. Ideally, your family lawyer conducts a thorough forensic analysis to determine what can be classified as a marital asset. Besides, they establish the liabilities accrued during the marriage period. For instance, you might have taken out a mortgage to purchase a family home. If you had a business or assets before marriage, the lawyer establishes your partner's role in managing the business or asset. If they helped manage the business, your lawyers quantify their contribution and include it in the settlement. Finally, if your partner is not employed, the lawyers consider the need for alimony.
Reach out to a family law attorney to learn more.