I believe you as the Defendant is still in the early stage of the divorce. Please ask whether you want a divorce and only you can answer
1) Defendant need to file for Memorandum of Appearance [MOA].
2) Depend on the circumstances and what you want to do (please discuss with a lawyer if needed), Defendant then need to file for Counter-claim, Defence. Even if Defendant agree to the divorce, Defendant is recommended to file for Counter-claim on those details which he/she found are false. So I believe TS should file for Counter-claim.
As for child custody issues, both parties will need to attend mandatory parenting counselling. Usually Plaintiff will propose a parenting plan as well. All these mediations and counselling sessions will be of Child-focus. FJCs view the welfare of the child as the ONLY number one priority, everything else are secondary. If the marriage is short and/or the former spouse is having a higher income, then TS is not required to provide spouse maintenance.
As for spousal maintenance and child maintenance, it all depends on the length of the marriage. Under all normal circumstances, both parties will agree to pay for child maintenance, which is crucial for child custody: Joint OR Sole. Usually it is Joint Custody. The care and control (which parent the child will live together) is always usually goes to the mother, unless the mother is proven to be unfit to have provide care for the child well being.
In the event, if TS remarry; TS is still required to continue providing maintenance for both former spouse and child. TS is not required to give spouse maintenance IF former spouse remarry to another man. In all circumstances, childcare maintenance is largely a must until the child reaches 21 years of age.
Lastly and importantly, my suggestion to TS: please get hold of a Divorce Support Specialist Agency - DSSA, this will help TS in a lot of ways. FJCs and the Judge will see TS in a positive light as they see TS taking a proactive manner in wanting to keep the relations amicable after divorce. DSSA is also authorised by FJCs to handle divorce cases (in terms of child access).
Hope the above helps!
Quote:
Originally Posted by xiaozhi
Hi all, my wife file for divorce and in the statement of claims, she put I unreasonable behaviour because I never contribute anything in terms of financial and household chores and also looking after the son. Basically I do nothing plus say I involve in alot of third party relationship and say I love you to other woman. All these are basically nonsense as she have no solid proof. If I agree to the statement and sign, will the judge at final judgement will not award joint custody even though my wife say we will have joint custody? Also will all these claims next time come haunt me in future let's say I'm going to remarry? Thanks
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