When divorcing your partner, it may be tempting to represent yourself instead of hiring a divorce lawyer to represent your interest. As you will learn in the article below, there are numerous benefits of hiring a divorce lawyer to handle your divorce. They include:
Divorce Eligibility
Once you hire a divorce lawyer, they will assess your situation and advise whether the Australian Family Court can grant you a divorce. For example, your marriage must be recognised by the Australian legal system. Additionally, you must be separated for at least twelve months. If your marriage is less than two years old, you will need a marriage counselling certificate from an accredited counsellor.
Filing And Process Serving
There are two types of divorce applications; sole and joint applications. A joint application is made by both parties. It happens when you both agree to divorce. You make a sole application when you want to divorce your spouse but you are unsure if they will accept the divorce. Your lawyer will guide you through the application process. For instance, they can advise you on how to reduce the divorce application fees if you cannot afford the standard fees.
If you make a sole application, the lawyer will assist with the process serving process. If your spouse goes into hiding or refuses to acknowledge the divorce application, your lawyer will ask the court to grant your request in the absence of your partner.
Divorce Conduct
Your conduct after applying for divorce can significantly affect the outcome of property settlement and child custody proceedings. If you have children under 18 years old, the court will give temporary orders on where they should live and child support payments. You will be held in contempt of court if you disregard these orders. On the other hand, you should not attempt to transfer property in your name or make large purchases without consulting your spouse.
Divorce Settlement Negotiation
Divorce settlement negotiations are an opportunity for the divorcing parties to determine the terms of their divorce. Typically, they decide how they will split joint property and raise their kids. It would be difficult for you to come to an amicable agreement with your spouse without a lawyer's help. More often than not, the divorcing parties are bitter and have a "take all" mentality. A divorce lawyer can help calm the atmosphere and create an enabling environment for both parties to draw parenting plans and financial agreements.
A divorce lawyer will assess your eligibility for divorce, help in process serving, guide you on divorce conduct and represent your interests during settlement negotiations.
