FamLaw: Courting Divorce: the when, where and why of divorce hearings

Written by James Frank | 10/06/16 5:45 AM

If you’ve ever seen a TV courtroom drama, it is likely that you’ve seen two people fighting in court over a divorce. However, in this instance (as in many!), television does not accurately reflect the reality. Often, the thought of going to court is understandably overwhelming and daunting for Family Law clients. This is especially so if you think going to court equates to airing your dirty laundry in front of strangers you may have only just met. However, divorce is one of the simpler procedures in family law and there are actually only very few circumstances in which you will be required to go to court.

Where there are no children under the age of 18…

Where there are no children of the marriage under the age of 18, parties are not required to attend the divorce hearing. This is the case for both joint and sole applicants.

Where a joint application is made with children under the age of 18…

Neither party needs to attend the court hearing even when there are children of the marriage under the age of 18 if the parties are making a joint application.

Where a sole application is made with children under the age of 18…

The applicant is required to attend the hearing. The responding party may or may not be required to attend the hearing depending on whether they file a Response to Divorce. A respondent is only compelled to attend where they oppose the application. If you fall into this category but cannot attend the actual hearing due to distance or incapacity, you may request in writing to appear by telephone conference to the Court.

Ending:

As you can see, there are only very few situations in which you will be required to actually attend court for the purposes of a divorce. If you have a family law matter or questions about divorce in NSW and want to find out more, please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.