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Divorce Application is done


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#1 AliBear

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Posted 06 April 2010 - 12:37 PM

So the application has now been filled out by both of us as a joint application & signed by a JP. The parenting plan is signed by both of us & is going to be put in with the divorce application. I've given all the paperwork to my ex who said he will hand it in. We both put on there that neither of us want to attend court & it all seems pretty straight foward.

OK so now the questions

Does this mean the fee will be paid by him when the application is handed in?
Can he claim half the fee from me later or is that it once he's paid it?
How long from when the application is handed in will a court date be set & divorce be final?
Even though both of us said we didnt want to attend court does issues with financial things come up later or once the divorce is granted that is it?

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#2 ♥ Emsie ♥

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Posted 06 April 2010 - 01:13 PM

QUOTE(AliBear @ Apr 6 2010, 12:37 PM) View Post

Does this mean the fee will be paid by him when the application is handed in?
Can he claim half the fee from me later or is that it once he's paid it?
How long from when the application is handed in will a court date be set & divorce be final?
Even though both of us said we didnt want to attend court does issues with financial things come up later or once the divorce is granted that is it?

My mum is currently going through this, so based on her experience:

Mum paid the full fee (close to $500 from memory) when she filed the divorce papers. I don't think she is intending to claim half of the fee back from dad, or if she is even able to?
Mum was given a "divorce finalised date" when she applied for the divorce, I think it was about 1012 weeks out? I'll double check that one if you like.
The last question, thats a case by case circumstance, something I wouldn't be able to answer for you hun
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#3 erilii

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Posted 11 May 2010 - 12:17 AM

I went to a Legal Aid divorce class last week, so I can help you out! He will have to pay the fee when he files, unless you are both eligible for a waiver, but I assume you'll have to make a private arrangement to give him your half (the fee is $432 by the way).

Once it goes to court the divorce will be finalised a month later and you'll receive a certificate in the post. Since you have a child, you maybe should have gone to the hearing, because if the judge has any questions about the parenting plan they'll have to adjourn until you can be reached, which will delay the divorce. But if your parenting plan is sound, you should be right.


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#4 Domestic Dreamer

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Posted 02 June 2010 - 02:15 PM

I think attending the court hearing is mandatory if you have children.

#5 purplelily

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Posted 02 June 2010 - 09:06 PM

The date of the divorce hearing will be about 6 weeks after the date it's filed. You will then get the divorce certificate in the mail approx 1 month after that. The fee is $432.00 and the person who files the divorce will need to pay it - it's unlikely he'll come after you to pay it later as it would cost him more to take you to court than it would for him just to pay it!

(Even though both of us said we didnt want to attend court does issues with financial things come up later or once the divorce is granted that is it?)

Financial issues won't come up, this is a matter between you and him but you only have 12 months after the divorce is finalised to commence proceedings for property if you want to.... Also, you should have checked a box to say that you have made arrangements for any children otherwise they may not grant the divorce, but as you have done a joint divorce, i'm sure it will be fine.




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