Divorce cases can be complex; therefore, having a good lawyer by your side ensures a smooth process that often ends amicably between separated spouses. However, some couples might think they can handle certain elements of the divorce process without the help of an experienced family lawyer. Unfortunately, such moves often end in regrets and frustrations. This article highlights such issues and the role of a family lawyer.
Pet Custody — Although Australia is a pet-loving country, there is no legislation to guide courts in navigating custody arrangements for pets during a divorce. Thus, pets are treated as personal property like furniture and cars. Unfortunately, most divorcing partners are unaware of the fact and might insist that the courts grant them custody of a pet just because they have an emotional attachment. However, the law works differently because courts look at various factors such as whose name a pet is registered under and the spouse staying with the pet during separation. A family lawyer can help you gather all the information and invite your spouse to negotiate the way forward or seek a consent order from a court.
Default Divorce — There is a misconception that a divorce can only be effected if both spouses sign the relevant documents. However, what happens when one partner is nowhere to be found to sign divorce papers? Unfortunately, such cases are not unusual, and they can be exasperating for partners that cannot find their spouses to serve them with divorce papers. Although a family court can issue a default judgment terminating a marriage in such cases, it cannot rule on financial or child-related matters. Luckily, an experienced lawyer can help you navigate the financial and child custody issues when your spouse is unavailable for divorce proceedings. For instance, a lawyer can advise you only to list assets and liabilities you want a court to consider, consequently protecting your finances.
Visitation Agreement Modification — Child visitation agreements are usually agreed upon once divorce proceedings are through. However, you might wish to modify the visitation agreement issued by a family court for various reasons. For many people, modifying a visitation agreement is easy, and they change a court's order without contacting their lawyers. Unfortunately, going against court orders will only backfire for you in the future. Therefore, you should hire a family lawyer to help with the process rather than change the visitation orders issued by a family court. An experienced lawyer will ensure your request meets the minimum requirements necessary to modify visitation agreements.
