At Thornton Storgato Law, we understand every marriage dissolution is unique. Our expert divorce lawyers work with you to examine the inner workings of your personal circumstances, providing straight-forward next-steps when you need them most.
What is Divorce?
Divorce is the final step in terminating a marriage contract. It can be difficult, terrifying or liberating, as an important chapter comes to a close and a new normal must be established. Following a successful decision, you are no longer the legal spouse of your ex-partner, leaving you both free to re partner whomever you like if you chose to do so.
We at Thornton Storgato Law help our clients achieve their new normal, resolving essential matters like property, asset distribution, money issues, child support and child care agreements before filing for divorce.
I Want to Divorce My Spouse. What Do I Need to Do?
In an ideal world, your first move should be letting your soon-to-be ex partner know you intend to seperate, creating a definitive date of separation for the satisfaction of the court (you need to be separated for 12 months and 1 day before filing for divorce). Being open, honest and to the point during this conversation may allow you to organise the lives of your children, including who stays with who or if you’ll all continue to co-inhabit, if so for how long. You don’t need to be separated for 12 months in order to commence property or parenting discussions. Indeed we highly recommend you address you issues as quickly and decisively so each party knows what is expected and when a agreement or court order can be sought.
I Can’t Talk to My Partner About My Intention. What Should I Do First?
As an experienced divorce law firm, we know these early discussions aren’t always possible. Remember, seeking a divorce only requires one person to begin and complete the process – you do not need somebody’s permission to divorce them.
Do I Need to Prove Fault in Order to Get a Divorce?
No. Australia has no fault divorce laws. You do not need to prove anything in order to submit a divorce application, but you do need to establish the total breakdown of the relationship.
What if We Get Back Together?
Divorce is an emotional journey. For one reason or another, you may get back together during the separation period, try again and come to the same conclusion – it isn’t working. If you’ve already separated, you can reunite for up to 3 months. This has the effect of suspending the 12 month period to prove temporarily to prove a marriage is irretrievable. If you remain reconciled for more than 3 months after separating in future the 12 months starts again.
How does that work? As an example, a couple separates for five months and one day, then get back together for two months, separating again for seven months. Their total separation time meets the 12 months and one day requirement.
Beginning the Divorce Process…
Once you’ve decided your marriage is no longer a lasting relationship, searching for an experienced divorce solicitor in West Pennant Hills is the right move. While there are apps and services online that allow you to handle proceedings yourself, these do not protect you or your interests.
In the area of divorce law Sydney legal experts, like Thornton Storgato Law, should pursue a clear-cut outcome. With us, your divorce will be incorporated into a holistic service, so all important matters are resolved at the same time and you’re free to go on with your life once court approval has been received.
Everything You Need to Know About Filing for Divorce
The legal specifics of a divorce order are quite simple. Before we take the first step together, you’ll need to answer the following questions:
Is Australia the correct place to obtain divorce? Due to legislation and limitations, we may not be able to dissolve an overseas union in an Australian court.
Have you been married for more than two years? If you’ve decided to part ways before two years of marriage, you’ll need to officially separate and apply for special leave to become divorced.
Are you separated? As we’ve already mentioned, you can only file for divorce if you’ve been separated for more than 12 months. The court may seek verification from your friends, banking institutions (you keep different bank accounts) and social calendars, if you’ve continued to reside under the same roof following separation and your ex disputes you’ve been seperate for 12 months.
Sharing a child or children… children over the age of 18 have no impact on a divorce order. If your children are under 18, the court will seek clarification regarding the care provisions you’ve put in place and any custody arrangements.
Keep Your Divorce Out of Court
Divorce is often represented as a drawn out courtroom battle on our favourite TV shows, tapping into the very worst cases and forming an often scary expectation for anybody thinking about ending their marriage. In Australia the divorce process is in fact far simpler and property or parenting orders.
Thornton Storgato Law continues to be the premier divorce law firm West Pennant Hills chooses to pursue their divorce claims for a very simple reason – we will achieve outcomes quickly and efficiently.
What is the Difference Between Joint and Solo Divorce Applications? Which One is the Best for My Circumstances?
Although we cannot say for certain until we know a little bit more about your needs, the correct application type depends on your agreement with your former spouse.
Joint applications are divorce orders submitted by both parties, with each completing a designated section before signing on the dotted line. Provided the soon-to-be dissolved marriage remains civil, a positive and equitable outcome is more likely without resorting to court appearances.
Solo applications are for those with an unwilling spouse. As we’ve mentioned, you do not need their acceptance or permission to action a divorce; you do need to prove service of documents and the basic elements which entitle you to apply for a divorce.
Filling Out the Right Forms
I’ve Filed for Divorce. How Long Does it Take?
Thornton Storgato Law try to expedite the process as much as possible – straightforward cases can be prepared, signed and filed with the court within 7 days, ready for consideration. Court approval can take time, ranging from one month and one day to three calendar months, depending on the court’s case load. We monitor the progress of your application, keeping you aware throughout the waiting period. When the order is approved by the court, we will let you know within 24 hours.
We’re with you from start to finish.
How Much Does it Cost to Get a Divorce?
At Thornton Storgato Law, we know money matters. So you know precisely what you’re getting into, including how much you need to cover fees, applications and filing, we’ve listed the most common costs below in addition to our fees.
- Our costs begin at $1100.00 including GST plus filing fees;
- Plus application for divorce:$900 or
- Application for divorce (reduced fee): $300*
*Am I Eligible for a Reduced Fee?
You may be entitled to claim a fee reduction if you can prove financial hardship or that you’re entitled to relevant concessions from the Department of Human Services (including Austudy and ABSTUDY) or the Department of Veterans Affairs. Learn more here.
Walk away with a clean slate and a clear mind with Thornton Storgato Law.