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What happens at the divorce hearing?

I have a divorce hearing coming up and am extremely nervous about what to expect. Do I have to prepare myself for questioning and will I be asked details about my marriage?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Separation & Divorce
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Bronte 2024 NSW

  • Usually divorce applications are dealt with by a registrar.
  • You may want to instruct a lawyer or you can represent yourself.
  • The court is mainly concerned that all the requirements for divorce are present. If there are children then it will want information about how the children are being cared for such as where they are living, going to school and their health.
  • Most of these requirements will have been addressed in your written application, supporting documents and any response that is filed.
  • The registrar may ask some questions of you or your ex-partner.
  • The court will not be interested in the details about the breakdown of the relationship or opinions about who is to blame.
  • It should be quite a quick process. Once the registrar has considered the application and evidence he or she will either:
    • make an order for divorce;
    • dismiss the application; or
    • adjourn it.
  • If it is dismissed or adjourned the registrar will tell you the reasons the application is being dismissed or adjourned.

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