How a Family Lawyer Can Help Your Divorce Case
Do you have a looming divorce? If you do, you probably need a family lawyer. Below is an excerpt discussing how a family lawyer can help out with your divorce case.
Filing For Divorce
Your family lawyer will file the divorce application at the Australian Family Court. Typically, the lawyer will assess your situation to determine whether you meet the minimum requirements for divorce. For instance, your marriage must be recognised in the country. Foreigners should have lived in Australia for the last twelve months. Additionally, applicants should be separated for at least twelve months.
Process Serving
If you do not make a joint application, the Family Court will provide you with divorce papers to serve your spouse. By law, you are prohibited from delivering these papers. As such, your lawyer will locate your spouse and deliver the documents. The family lawyer will also fill the proof of service forms to proving that the papers were delivered correctly. If your spouse does not receive the divorce papers, the layer will file for a substituted service order that allows you to use alternative process serving methods. For instance, you could send the documents via email or use an intermediary.
Drafting Parenting and Financial Plans
A parenting plan is an agreement between divorcing parties that details how they will provide for their children once they are divorced. The plan contains details such as where the children will live and how parents will cater to their monthly expenses. The agreement could also explain how the parents will make decisions or resolve conflicts regarding the kids. Your family lawyer will negotiate the terms of this contract and ensure that it is in the child's best interests.
A financial plan explains how the divorcing parties will divide their property. Your family lawyer will appraise your estate and assess your needs to determine a suitable method to divide your assets. They will also decide what to include in the financial plan. For instance, inherited property should not be included in the agreement. The lawyer will also check whether you qualify for spousal maintenance. It happens if you are unemployed or cannot afford to maintain a reasonable living standard.
Seeking Custody
You could opt to file for sole custody if your spouse is not fit as a parent. For example, if they are abusive towards the kids. In this case, the lawyer will gather evidence and seek witness statements to argue your case in court.
A family lawyer will help out with all aspects of your divorce case. They will file for divorce, conduct process serving, negotiate the terms of parenting and financial plans, and file for sole custody at your request.
