Divorce Lawyers: Navigating the Emotional and Financial Journey
Australia, SX Lawyers
- Every state has established certain
grounds for divorce
that give one of the spouses the right to petition the court for the dissolution of the marital relationship.
Some grounds for divorce are fault-based, such as adultery, cruel treatment, abuse, or incarceration.
All states recognize no-fault grounds for divorce.
However, some states require that the spouses live separately for a certain period of time before their courts are permitted to dissolve the marital relationship.
A divorce lawyers can explain whether there are any benefits to asking the court to dissolve the marriage based on fault grounds.
For example, this may be relevant in determining whether
spousal support
will be available or how much support will be awarded.
In some cases, there may have been a defect in the marriage.
A legal requirement may have been ignored, the proper paperwork may not have been filed, or a proper ceremony may not have been performed to make the marriage legal.
A lawyer can discuss whether voiding or annulling the marriage is preferable to getting a divorce.
Providing Objective Advice
While divorce is an emotional process, a divorce lawyer can help make it less so.
He or she can talk to you about factors that will affect your future, such as support and custody issues, so that you are less focused on the demise of your marriage.
Additionally, a divorce lawyer can serve as the go-between for you and your spouse.
You can avoid
personal contact
to help make the process easier to get through.
Accounting for Marital Assets
In order to properly distribute the marital estate, a divorce lawyer ensures that his or her client discloses all such assets.
In many marriages, one spouse may have handled the money and the other spouse may not be aware of the couple's debts and assets.
A divorce lawyer can help collect records and locate assets and liabilities so that the divorce settlement properly addresses these possessions.
Explain Property Division
A divorce lawyer can explain how property is treated upon the dissolution of the marriage.
Each spouse may have separate property that they brought into the marriage.
Other spouses may have accumulated assets separately per a prenuptial or postnuptial agreement.
A divorce lawyer can explain whether the state is a community property state or equitable distribution state.
This characteristic can make a dramatic difference in the distribution of the marital estate.
Devising a Debt Repayment Plan
Many times, handling the family debt is more tumultuous than splitting assets, as both partners may be legally responsible joint debt.
However, there are many cases in which only one spouse is held financially responsible for the debt.
A lawyer can help determine how a spouse can protect himself or herself from debt that should be attributed to the other spouse.
Determining Spousal Support and Other Benefits
A divorce lawyer can help assess whether a spouse may be entitled to spousal support or may be required to pay it.
Spousal support may be ordered when spouses have very different incomes or when one spouse sacrificed his or her career to advance the other spouse's.
Additionally, a spouse may be entitled to a portion of the business interest that the other spouse runs.
Some spouses are only worried about the immediate financial consequences of divorce.
However, spouses may be entitled to a portion of their spouse's pension or Social Security income if they have been married ten years or more.
Helping with Custody Plans
A divorce lawyer can assist clients with developing a parenting plan that works for the parents and addresses the child's needs.
Preparation with Divorce Papers
In order to get divorced, formal papers must be submitted to the proper court for approval.
A divorce lawyer can assist clients with preparing these papers or responding to the other spouse's petition for divorce.
Negotiating a Settlement
A family law can help a client negotiate a divorce settlement regarding the marital estate.
If this process does not involve litigation, it is typically cheaper and faster than it is when battling it out in court.
Representing in Court
A divorce lawyer can help you litigate your case if you need to.
This process may be necessary to resolve disputes regarding child custody, spousal support, or divorce.
Navigating through divorce is a challenging journey, both emotionally and financially.
However, with the guidance of a qualified divorce lawyer, individuals can find support and expertise to ease the process.
From explaining legal grounds for divorce to representing clients in court, divorce lawyers play pivotal roles in ensuring fair settlements and resolutions.
With their assistance, individuals can navigate the complexities of divorce with greater clarity and confidence.
Frequently Asked Questions (FAQ)
What are the grounds for divorce in Australia?
In Australia, grounds for divorce include separation for at least one year with no chance of reconciliation or fault-based grounds such as adultery, cruelty, or imprisonment.
How long does it take to finalize a divorce with the help of a lawyer?
The duration of divorce proceedings can vary depending on factors such as the complexity of the case and whether it's contested or uncontested.
On average, it can take several months to a year to finalize a divorce.
Can a divorce lawyer help with child custody arrangements?
Yes, divorce lawyers can assist in negotiating and drafting child custody agreements that prioritize the best interests of the child while addressing parental rights and responsibilities.
Do I need a lawyer for an amicable divorce?
While not always necessary, having a lawyer can ensure that your rights are protected and that all legal requirements are met, even in amicable divorces.
A lawyer can also provide guidance on settlement agreements.
How much does it cost to hire a divorce lawyer in Australia?
The cost of hiring a divorce lawyer can vary based on factors such as the lawyer's experience, the complexity of the case, and the region.
It's advisable to discuss fees and payment structures during the initial consultation.
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