The Divorce Process – A Quick Guide

If you need divorce lawyer in Melbourne, a range of high quality legal firms will be able to help you out. Despite what many people say, the process of divorce is a relatively simple process, and having a lawyer on board will ensure that things run smoothly. You could in fact represent yourself if you so wished, but the reality is that using a legal team will make this a faster and easier process all round.

These are the basic steps which need to be completed in order for a divorce to be finalised.

Divorce Petition

To kickstart this process a petition needs to be filed, this is one spouse letting the other know legally that they wish to terminate the marriage. The statement must include a reason for divorce (in most states), as well as meeting the state’s residency requirements for divorce. This doesn’t have to be signed by both spouses but it helps if both sign the petition.

Temporary Court Orders

It is not always ideal for spouses to wait months and months for a divorce hearing, so lawyers will often put temporary court orders in place until the divorce is finalised. Let’s say that one spouse is a stay at home parent and financially dependent on the other spouse, family lawyers may seek a temporary court order to ensure that the parent has custody and receives benefits from the other spouse, until a legal decision is made.

Serving Spouse

When it comes to family lawyers, Melbourne law firms work best for their clients when they are contacted early on in this process. The importance of that can be found when it comes to the serving of documents, which must be done for a judge to process a divorce hearing. The reason why it is best to have lawyers at an early stage is that they can advise their client to speak with the spouse so that there are no surprises or shocks when papers are served.


The next step is to negotiate a settlement between the two spouses. In an ideal world all assets and agreements of child custody will be completed by the spouses, but this very rarely happens. The court will be able to arrange mediation and if an agreement still cannot be reached, the judge will decide how assets are split up and who gets custody.

Trial and Finalisation

If an agreement has been reached the judge will be able to finalise the divorce and terminate the marriage. If this is not the case a trial will be held, which is where lawyers really earn their money. A divorce trial however is not an ideal situation and it can often get very messy. This is why it is preferred that an agreement is reached. Once the trial is settled, the judge will make their recommendations and the divorce will then be finalised.

If you are going through a divorce it is best that you reach out to a legal team as soon as possible. In doing so you will make this entire process much easier on yourself.

Nate Becker
the authorNate Becker