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Dealing With Divorce


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Dealing With Divorce

Divorcing your partner can be a messy business. Believe me, I have had first have had first-hand experience of this process. When my wife said she wanted to leave me I didn't know what to do. I knew that we would have to go to court but the idea of dealing with the legal aspects of the separation frightened me more than the emotional aspects. Thankfully, I found a great family law attorney who helped me every step of the way. When I first sat down with my lawyer, I knew he could help. He explained everything I needed to know and ensure that the divorce was dealt with in the best possible way.

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4 Things A Divorce Lawyer Can Help With

Divorce cases can be very stressful for the parties involved. Divorces are not only costly, but they also include lengthy court processes. It's usually advisable to go through a divorce with the assistance of a family lawyer. Here are some of the ways a lawyer will help you with your divorce.

Division of Property and Child Custody

One of the most pertinent issues in divorce cases is the division of property. If one of the spouses has more wealth than the other, the courts may apply specific rules to ensure the property is divided equally. In situations where there's a prenuptial agreement, there's no telling who the court's ruling will favour. To get a favourable ruling, it's good to have a divorce attorney by your side.

Another common issue in divorce proceedings is child custody. Australia's Family Law Amendment Act insists on the need for both parents to participate in their child's upbringing. Sometimes the court may grant joint custody or custody to one party and visitation rights to the other. During child custody rulings, the court will base its decision on what is in the child's best interest. A divorce lawyer will help prove to the court why joint custody or sole custody is in the child's best interest.

Child Support and Spousal Maintenance

The Child Support Agency is a branch of Australia's government involved with enforcing Child Support Acts. The agency's role is to assess the amount of child support payable by considering the parents' income, the number of dependent children, and care arrangements. In some cases, the CSA also receives and issues the child support payments. Hiring a lawyer will ensure you submit all the necessary documents and provide a strong argument that will favour you during child support rulings.

Spousal maintenance is the payment given by a party to a marriage to their ex-spouse so they can sufficiently support themselves. This support is limited to a set time frame. The primary consideration when determining spousal maintenance is the payee's ability to satisfy their own financial needs and the payer's financial status. The court will grant spousal maintenance when there's a large discrepancy between the incomes of both parties. An attorney can help build a strong case to prove your need for spousal maintenance for a reasonable period.

Conclusion

Divorce cases are usually complicated and lengthy. It's advisable to hire a lawyer to help you through divorce proceedings. Apart from helping you gather documents and information that will help your case, your lawyer will also argue your case based on their knowledge of family law.