How do I know what I am entitled to in a divorce?
The judge will then consider whether you are entitled to a divorce. If the divorce is undefended you do not have to attend court for a hearing. The judge simply looks at the paperwork. If the judge is satisfied you are entitled to a divorce, then the court will send you a Certificate of Entitlement to Decree Nisi.
Is it possible to divorce and not know it?
John Fotheringham of Morton Fraser replies: The court rules mean that you should not be divorced without you knowing about it. This is because you should be formally served with the divorce application by either your spouse's solicitor or the court.
How do you get a divorce when you don’t know where the other person is?
But, if after you've made diligent efforts to locate your spouse and can't find him/her, you can ask the court for an Order of Notice by Publication. This means that you must run a notice of your intent to divorce your spouse in a newspaper near the area of the spouse's last known whereabouts.
Can you divorce someone you live with?
Yes, if you are filing for a fault-based divorce or under the “no-fault” option. However, if you plan on filing a separation agreement, this requires that the parties live separate and apart for one year after entering into the agreement.
What happens when you file for divorce first?
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.
What should a man ask for in a divorce settlement?
There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.
Does the person filing for divorce have the advantage?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
What are discovery questions in a divorce?
In a divorce action, “discovery” typically consists of written interrogatories (written questions), demand for production of documents and depositions (testimony under oath). Either party can send interrogatories to the other party to obtain relevant information.
How do I find hidden accounts in a divorce?
You may find bank statements, stock certificates, or title to property. Typically, it is easy to store documents away and hide them from the other spouse because when we have no reason to go looking for things, we do not. This may be one of the easiest and most effective ways to find hidden assets.
Do married couples have to file taxes together Australia?
You don't have to lodge a combined tax return if you're married (as happens in some other countries). Joint income is recorded separately in each spouses tax returns. You need to show on your tax return that you now have a spouse, and disclose his or her taxable income each year.