How a Family Lawyer Can Assist With the Divorce Process

Posted on: 17 February 2021

Divorce can be quite complicated. It is especially so since most people do not know what to expect during and after the process. A family lawyer will help out with the legal aspects of your divorce. Below is an excerpt discussing how a family lawyer can help ease the divorce process. 

If you have lost contact with your spouse, your lawyer will file divorce documents in court and serve the papers to them. Process serving is also essential if you cannot locate your spouse. The lawyer will track down the recipient and hand over the divorce papers. 

In some cases, your spouse could oppose your divorce application. For instance, they could fail to sign the divorce papers or challenge your application in court. An experienced family lawyer will argue out your case in court. Typically, divorce applications are granted on the grounds that the marriage is irretrievably broken. As such, your lawyer will prove to the court that the union no longer works and that you meet the divorce requirements such as a 12 month separation period. 

The Australian Family Court compels divorcing couples to divorce through court arrangements. Therefore, your lawyer will initiate negotiations with the other party. The process begins with making a temporary arrangement on how you will run affairs before completing the divorce process. For instance, where will the children live? How will you pay your mortgage? Who will run the family business? These arrangements will help prevent conflict as you divorce. 

A parenting plan is a contract explaining how divorcing parties will raise their children. It addresses critical issues such as each party's financial obligations and visitation plans. Your lawyer will negotiate the terms of this document to ensure it addresses the children's rights and that you fulfil your parental obligations. 

The lawyer will also negotiate and help draft the financial plan. It is a document detailing how you will divide your assets. The lawyer will assess your needs and interests to determine the terms of the financial plan are favourable. For instance, if you want to live in the family home, the lawyer could ask you to let go of an asset that your spouse is sentimentally attached to. The lawyer will also assess the need for spousal maintenance. If your spouse is entitled to alimony, your family lawyer will advise you on the best way to make payments.

When hiring a family lawyer, seek client reviews to determine their reputation and ask for a licence to prove that they are registered to work in your state. Do not forget to assess the lawyer's terms and pricing.