Maybe you didn’t see it coming. Maybe you’ve known it was going to happen for some time.
Maybe it’s a well-contained no-fault divorce. Maybe it’s not so amicable.
Either way, you’ve got a few things to worry about right now…
(Before you consider the Common Divorce Pitfalls)
Going Through a Divorce? Here’s What You Need to Think About:
- Responding to the Divorce Application
- Deciding on whether to get legal help through all of this
- Dealing with the possible shame of being divorced
- Figuring out how the finances of this will all work
- Worrying about your kids, and so on and so forth…
Need help answering these questions? Get in touch, then finish the article. We can point you in the right direction – free of charge.
At Havilah Legal, we offer a Risk Free, No-Obligations Consult. If you live in Perth or Brisbane, we would be happy to invite you to our offices for an initial appointment.
During this appointment one of our solicitors will help you to identify and focus on the specific issues of your case and offer some preliminary advice in order to help you ascertain whether or not you require a lawyer to act on your behalf.
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Common Divorce Pitfalls
Navigating a divorce can be challenging in many ways – emotionally, financially and legally. Through our considerable experience, both with relationships and with the Australian Family Court system, we have identified some of the most common pitfalls that can cause problems during the divorce and separation process. Here is the shortlist of factors you will want to consider – and possibly discuss with your lawyer:
1. Responding to the Divorce Application.
If you do not respond to the Divorce Application, and/or don’t attend the court hearing that goes with it, the divorce application will likely be accepted without your input.
The clock starts ticking when you are served the Divorce Application, so if you do not want the divorce granted, or wish to contest any part of it, you must complete and file a Response to Divorce…
- If served in Australia – within 28 days of the application being served on you
- If served outside of Australia – within 42 days of the application being served on you
You can respond online on the Commonwealth Courts Portal or file it at a family law registry.
If you wish to oppose the divorce, you should also appear in person at the Divorce hearing date.
2. Letting Something Slip on Facebook.
Your social media posts can be used against you. Don’t make your feelings or your experiences public.
This is a hard time for everyone – don’t overshare.
Got questions? Click here to ask.
3. Getting a Grip on your Emotions (And your Life)!
The emotional challenges that come with divorce can be some of the most difficult. This can make it hard to be level-headed and responsible, but the importance of doing both is never more important than during this time.
This is an important time to reach out to friends, family, and whoever is in your support network… and this is potentially a bad time to reach out to your spouse.
Anger and heightened emotions rarely lead to positive resolutions to problems. They do sometimes lead to charges of family violence or other crimes that can cause a lifetime of trouble. Remain as calm as you can, and resist acting on impulse or while feeling strong emotions.
This could be a good time to find a counselor, especially if there are children involved.
If you have ever used drugs, even recreationally, your lawyer will likely tell you that a drug test can be used against you in custody decisions.
4. Thinking about Legal Help.
The sooner you decide on a lawyer, or doing it yourself, the better.
In general, with children, finances, and property division taken into consideration, the cost of a lawyer will likely be well worth what you stand to lose – financially and emotionally – without guidance.
5. Watching Your Finances Carefully
There might be a major purchase that your spouse would not let you make, just itching to be made now that they are not in the picture. Fair enough, but this is not the time to go out and make it.
Financial security – including income, savings and expenditures – are taken into account during divorce proceedings and custody decisions.
If you were facing financial issues before the divorce, they may get more challenging. If you weren’t, you may have more to think about moving forward.
There will soon be two households to run on the same money as before. Try to be as conservative as possible with finances during this period, and you may avoid some difficulties down the road.
Need Help? We are Here for You!
Getting served with a divorce application can seem like a catastrophe at first, but you will pull through it.
Keep your head held high, keep seeking quality advice, and keep to the high road.
Our law firm is standing ready to help and answer any questions you might have.
Contact Havilah Legal
We help families navigate the Family Court of Australia during a divorce in Perth, WA and Brisbane, QLD.
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08-6400-0102
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