Your family lawyer is a reliable partner when tackling a challenging divorce. The lawyer gives valuable legal advice and represents your interests when need be. The article below details some of the issues your family lawyer can help you handle as you divorce a partner.
Dealing With An Uncooperative Partner
If you intend to file a sole divorce application, there is a probability that you do not know how your partner will react to the divorce application. In this case, it is best that you engage your family lawyer at the earliest possible stage. Your lawyer helps you prepare for the worst-case scenarios. First, they ensure that you meet the minimum divorce criteria. For instance, your spouse could challenge the divorce if you got back together during the separation period. If this happened, you must prove that the period did not exceed three months. Besides, they could contest the divorce if you were living on the same property. In this case, the lawyer needs to seek an affidavit to prove that you were separated.
Second, your spouse could challenge the process service mechanism. For example, they could claim that the process server threatened them or trespassed on their property. The lawyer avoids such issues by engaging a reputable process server who comprehends the Australian process service regulations. Finally, there are incidences when your partner could blatantly refuse to sign the divorce papers. The lawyer can explore all available avenues and ask the court to grant you divorce independently.
Drafting Agreements
If you have kids or shared property, you will need parenting agreements and property settlement contracts before settling your marriage. Given the emotional nature of the divorce process, you are unlikely to reach a rational agreement with your spouse. Your family lawyer can help you explore your options when it comes to raising kids and sharing marital property. For instance, if your work involves a lot of travelling, it makes sense to leave the kids to your spouse and have them for the holidays. Ultimately, the lawyer helps you prioritise your kid's interests and avoid situations where you use the parenting agreement to punish your spouse. If there is a significant difference between your income and that of your spouse, the lawyer could recommend spousal maintenance to allow you to maintain your living standards. Moreover, they will advise if you are entitled to a share of the property your spouse owned before the marriage. Such interventions help ease the divorce process.
Share14 November 2022
Hello, my name is Victor and last year was one of the worst years of my life. I was going through a tough divorce. I had to work out how to divide my money, the house I owned with my wife as well as organising who was going to get access to the kids. The only thing that got me through this entire experience was my wonderful divorce attorney. He explained exactly what I needed to do to get the best outcome and represented me in court. I'm now ready to move on with my life and make the most of the future.
