When you find that it is impossible to settle your grievances with your spouse, filing for a divorce becomes the next move. However, considering the logistical and financial aspects of a divorce, and also the emotional element, it is apparent that you need to have a lawyer by your side. Here are some of the ways that a family lawyer will help you through this painstaking experience.
Explaining the Grounds for Divorce
In Australia, you need to meet specific grounds to be allowed to file for a divorce. For example, if you do not live in Australia or are not an Australian citizen, you do not qualify for a divorce. Also, if you have not lived separately from your spouse for at least 12 months, you might not be able to file for a divorce.
Therefore, before rushing to file for a divorce, consulting a divorce lawyer will help you understand what requirements you need. Your lawyer may also be able to explain exemptions to your case, like in situations where you are an Australian citizen by descent or grant citizenship. Additionally, your lawyer will tell you whether the differences between you and your spouse qualify for a divorce.
Figuring out the Deadlines
Determining the deadlines for the paperwork and scheduling for mediation can be quite overwhelming. This is especially the case if you and your spouse don't seem to agree on anything. One way a lawyer will help you is to ensure you notify the other party in time about your intentions for a divorce.
Secondly, when you and your spouse have lawyers, they will ensure schedules are fixed without manipulation or emotion. This way, all the paperwork is filed on time. This relieves you of the burden of having to negotiate with your spouse to adjust the deadlines for submitting paperwork or availing yourself for mediation.
Property Division
Another sensitive area when it comes to filing for a divorce is property division. For example, each spouse may have had a separate property that they came with into the marriage. Another case is where a spouse may have accumulated assets and protected them with a prenuptial agreement.
To ensure you get a fair share of the property, you must consult a lawyer on what should be rightfully yours. There may be documents required to prove your entitlement, and with a lawyer, acquiring them becomes easy. Furthermore, if there are debts involved, your attorney will determine the most appropriate property division plan.
