5 Commonly Asked Divorce Questions Answered

As leading family lawyers, there are a few common questions we get asked all the time. Divorce in Australia can be a complex process, which can be incredibly daunting for some. This is why it’s so essential to find a family law firm in Melbourne that can not only offer you legal advice but practical and emotional support. So, if you’re considering a divorce, here are the answers to some of the questions you may have.

 


 

 

#1 – How Quickly Can I Get Divorced?

 

Unfortunately, Australia doesn’t offer the option of a quickie divorce. As per the Family Law Act, partners need to prove a separation period of at least 12 months in order to qualify for a divorce in Australia. Once this separation period has been upheld, finalising a divorce can take around 4 months.

 

#2 – Can We Be Separated But Under the Same Roof?

 

For some, finding a new residence for the separation period is not possible. Luckily, courts do allow for couples to be separated under the same roof; however, you will have to work a little harder to prove separation. You will need to prove that you are sleeping in separate rooms, separating bank accounts and openly discussing your separation with friends and family.

 

#3 – Does It Matter That I Had an Affair?

 

Australia has a ‘No-Fault’ divorce system. This means that courts do not consider the reasons, such as infidelity, behind the divorce. This means that the divorce isn’t blamed on any one person and won’t negatively affect issues like asset splits.

 

#4 – How Long Do I Have to Wait to Return to My Maiden Name?

 

There is no set time within which you are allowed to change your name. You can revert to your maiden name before, during or after your divorce. When it comes to your kids, however, you will have to have the consent of both parents.

 

#5 – Do You Have to Have a Lawyer?

 

While it is not a necessity, it is absolutely recommended to partner with a family law firm in Melbourne, who can guide you throughout the process and protect your interests. The right family lawyers will be able to help you successfully navigate the entire process and ensure a fair result in the end.

 

Not sure how to choose the right family lawyers? As a leading family law firm in Melbourne, Umbrella Family Law offers a wealth of experience regarding divorce, custody and family abuse issues. Our specialised team of lawyers will give you the practical, legal and emotional support you need to navigate your divorce in Australia. Contact us today to find out more. 


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