You may separate when one party physically leaves the home. You may also be considered separated even where you both continue to live under the same roof.
You will need to show in the Application for Divorce that appropriate arrangements have been made for the welfare of dependent children. However, whilst a Divorce Order ends your marriage, it does not resolve issues concerning your children, maintenance or property. Those issues need to be dealt with separately.
Where a Court grants a Divorce order, the Order generally takes effect one month and one day after the order is made.
LGM Family Lawyers and How We Can Assist
LGM Family Law understands that the period around divorce and separation is a stressful time for many people. We are family divorce lawyers and can assist in lightening that burden by preparing your Application for Divorce at a fixed rate,arranging service of documents on your former partner as well as by preparing documentation and representing you in any contested hearing.
We can also attend with you at Court should you be required to attend Court for the Divorce Hearing and want to have legal representation. Further information about Divorce which you may find helpful appears under our FAQ.
You should also know that there is an Application for Divorce kit that can be downloaded from the Family Law Courts website. It can be used if you wish to prepare the Application yourself. However, it is recommended that you obtain legal advice concerning your situation even should you choose to prepare your own Application.
Is an Application for Divorce made by both parties to the marriage or can one party make the Application?
An Application may be made by both parties or it may be made by one party only. However, if the Application is made by one party only, the party making the Application must arrange for it to be properly served on the other party. If there are children of the marriage who are under 18 years of age and the Application is made by one party only, you will need to attend the divorce hearing.
Application for Divorce / Information Required
The fact of separation and when it occurred must be established and included in the Application.
In order to complete your application for divorce, you will also need to provide us with your original marriage certificate (issued by the Registry of Births, Deaths and Marriages of the State in which you were married). If you do not have this document, we can generally obtain a certificate on your behalf at some additional cost. Dependent upon your circumstances, there may be some further documents that will need to be filed with your Application.
Please tell us when making an enquiry if you would like us to send you a list of the information that we will need from you to complete your Application for Divorce.
Get in Touch
We prefer to meet you in person but are happy to have a telephone consultation if this suits you. At an initial consultation, we will take some particulars from you so that we can provide you with advice about the likely outcome at family law for your particular circumstances and estimated costs if you wish to proceed further.