The process of divorce is quite complicated and takes a long period before it's finalised. It's crucial to have a divorce lawyer by your side during divorce proceedings to help you navigate the legal system. Hiring a lawyer gives you the best chance for a positive outcome in your divorce case. Here are some of the ways a divorce lawyer can help you.
Ensuring You File A Divorce According To The Law
In Australia, you can only apply for a divorce if you're an Australian Citizen, domiciled in Australia or a resident in Australia. Additionally, an application for divorce is granted by the court if the marriage has broken down irretrievably, the parties involved have been living separately for at least 12 months and there is no possibility of reconciliation.
Your divorce lawyer will ensure that all the requirements for filing for a divorce are met. Also, your lawyer will anticipate legal issues or potential complications that may arise during the case. After ensuring all the necessary considerations have been made, your lawyer will prepare a strong case for you.
Negotiating With The Opposition's Lawyer And Representation In Court
Dealing with your ex-spouse's lawyer can be intimidating, especially if you don't know your legal rights. Therefore, if your ex has a lawyer, you should maintain your legal counsel. Your lawyer will interact with your ex's lawyer directly on your behalf during settlements. Your divorce lawyer will prepare your depositions and negotiate with your ex's legal team to ensure you get the best possible terms.
In court, a divorce lawyer protects your best interests. Your lawyer will present evidence to support your need for a divorce, spousal maintenance, and even child custody. Your divorce lawyer will also ensure the court is fair when distributing wealth. If there are hidden assets that your former spouse is hiding from you, your lawyer will use discovery tools to require a record of all assets and income.
Following Up On The Terms Of A Divorce
When a divorce is finalised, the court will decide on issues like the amount of spousal maintenance and child custody. The court will also lay down the terms for child custody and visitation rights. Your lawyer will ensure that your ex does not violate any of the terms of the divorce.
Your lawyer will make a legal claim in court if your ex-spouse defaults on paying spousal maintenance and child custody. Additionally, if your ex violates visitation rights, your lawyer will take legal action to punish them. Generally, your divorce lawyer's work does not end after the case has been settled; they'll proceed to follow up with you to determine whether all the conditions of the divorce are being upheld.
For more information, contact a family law service.