The Role of a Family Lawyer in Divorce
Divorce proceedings can be challenging. There are a lot of tensions between both parties as each partner wants to get the most out of the process. If you are going contemplating divorce, one of your first actions should be to hire a family lawyer. A family lawyer is a lawyer specialising in family matters such as child custody, alimony, divorce, prenuptial agreements and child adoption. Below are a few ways that the family lawyer will help you out.
Legality of the divorce
You must meet the minimum requirements set by the state for the court to grant you a divorce. Your lawyer will evaluate your case to determine if you meet these requirements. In Australia, for instance, divorce can only be given if you meet the following criteria.
- You must prove to the court that the marriage has broken down to the point that both partners cannot get back together.
- The court must legally recognise the union.
- If the parties are not Australian citizens, one of the partners must satisfy at least one requirement of being an Australian resident.
- Couples married for less than two years need a counselling certificate showing that they have put in some effort to get back together.
- If you are separated from your partner but you have been living in the same house, then you will need an affidavit from a third party to prove separation.
If you meet these requirements, your attorney will file for a divorce in court. Your partner is then served with a divorce notice. He or she can either decide to respond in favour of the divorce or against the divorce. After this, your lawyer will then begin the process of representing you in court. If you have never been to court, your lawyer will prepare you on what to expect. For instance, he or she will prepare you for cross-examination.
Your lawyer will gather sufficient evidence needed to prove his or her case in court. An experienced family lawyer ensures that your demands are realistic. He or she will also tell you the likely outcome of the proceedings
An uncontested divorce refers to a scenario where both parties have agreed on the terms of divorce. In such situations, there is no need for court proceedings. Your lawyer will prepare all kinds of paperwork to ensure that your agreement is affected.
A family lawyer is a critical component for any divorce. He or she ensures that the couple meets the minimum requirements for divorce, gathers evidence, files paperwork and represents clients in court.