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Separation & Divorce

7. Getting a Divorce

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 17 Sep 2015
    7. Getting a Divorce
  • If you satisfy the requirements for getting a divorce you can decide if you want to instruct a lawyer to assist or if you want to do it yourself with a divorce kit.
  • The basic steps are:
    • You need to get the divorce forms, fill them in and file them and any other supporting documents with the Federal Circuit Court registry which will give you a hearing date.
    • You need to serve the documents on your ex-partner. You can get information about how to do this from the court. In many cases a professional process server is required.
    • If there are children under 18 you need to attend court on the date of the hearing with your lawyer if you have one. You may need to provide additional information to the court or the court may be satisfied with the filed material and make a decision.
    • If the court does make an Order for Divorce it will make this order final after one month and one day.
    • The registry will send both parties a copy of the Order for Divorce with the court seal.
    • If the court does not make the order then you will need to listen carefully and write down the reasons why it made this decision. Usually it will be adjourned so the problems can be addressed.
  • If you need further information you can contact your lawyer, look at the Federal Circuit Court website or contact your registry if you have a question about your application.

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