Nothing can prepare you for the emotional upheaval associated with separation and potential divorce. It can seem as if your life is turned upside down and you simply want to hide away somewhere until it's all over. However, you still need to formalise the end of the marriage and may be worried that you have to endure some more torment in public. How much of your private information is going to be made known to others?
No-Fault
If there is any good news, there may be a little here. Much has changed since the time when one of the parties in a divorce proceeding had to prove the other was at fault to move forward. This required the production of a lot of evidence to back an individual case, and not only would this be made public, but also it would affect the separation of assets, as well.
Today, it is possible to get a no-fault divorce with a lot less hassle. It is relatively simple to show that the existing marriage has fallen apart and is irretrievable and there aren't any significant hoops to jump through. For example, if you can show that you've been living apart for one year, even if it is within separate rooms in the same property, then this is typically sufficient to prove the point. You may even have a joint bank account that is designed to help pay for utility costs and other expenses, but this still doesn't mean that you are one entity, from the point of view of a no-fault divorce.
Hiding the Details
The best news of all, for many, is the fact that divorce proceedings are almost always private and other people won't get to see the gory details. Certainly it is possible for a court to insist that the information is part of the public record in very rare cases, but usually this is not the case.
The Process
The courts do give both individuals some leeway as far as property settlement is concerned. Usually, these decisions need to be made within one year of the divorce decree, but both parties must be treated fairly in the ultimate analysis so that they can support themselves in the future.
While this all seems fairly straightforward, it's important to figure out how any children will be treated before applying to the court for a divorce decree. The court won't make a judgement unless they can see clear evidence that the children's welfare is front and centre. Divorce lawyers will help you and your partner through this process.
How to Move Forward
While it is possible to apply individually, it's far better for both parties to come together before the divorce court. Even though this may all appear to be relatively simple, it's always best to get a lawyer on your side to steer you in the right direction.
Share9 January 2018
Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.