Legal Blog
Proceeding for Divorce and Separation
If you and your spouse have made the decision to end your marriage, you may have a lot of anxiety over how child custody and support will be arranged, dividing property and assets and ensuring that you and your spouse both end up happy with the outcome of the divorce. Many couples are able to come to an agreement without the need for an attorney. In simple cases where the personalities of both parties are agreeable and it is an amicable split, divorce proceedings are generally pretty cut and dry. When there are very few assets and child custody issues are split equally, an attorney is not usually necessary. If there are many assets, financial issues, child rearing disagreements and a lot of angst between partners, it may be necessary to hire a divorce attorney.
Finding The Right Divorce LawyerAs stressful as the process of divorce can be, the anxiety and angst can be exacerbated if you choose the wrong attorney. Some divorce lawyers have a cut-throat approach when it comes to defending their clients. If you desire a calm and amicable divorce, it is important to disclose this during your initial consultations with the attorneys you meet with in your area.
During your consultation, you will want to ask specific questions about their fees and rates. You will want to know what the fee includes, what you can expect during the process and who will be your main point of contact throughout the divorce proceedings. If you need a professional attorney in the Western Sydney or Parramatta area, you can find Parramatta family lawyers that specialize in family law and can help you navigate through these murky and uncharted waters.
Cases Where You Should Definitely Hire An AttorneyIf there are issues with spousal or child abuse, hiring an attorney is essential. If your spouse has a gambling, drug addiction or alcohol dependency or he or she is reckless with finances, an attorney will work to help protect you and your assets throughout the process. If your spouse is a habitual liar or you feel that he or she is being vindictive or plotting to harm in you in some way, hiring a lawyer is a wise move. If you have been faced with physical threats throughout the process, an attorney will fight to protect you and your children. Your lawyer will help you file for a temporary restraining order.
Even if you and your spouse are approaching the divorce in an amicable way, a professional attorney can help you navigate through and tackle complicated financial issues and ensure that you are receiving what you are entitled to get in the divorce settlement. It is not common practice for an attorney to represent both parties in a divorce proceeding. This represents a direct conflict of interest and is highly frowned upon. However, if you and your spouse are on good terms, you can each hire your own attorney and have both lawyers work together to iron out the more difficult decisions pertaining to finances, assets, debts and custody. By the time you are ready to go to court, all the finite details will be finalized. You and your partner will be able to go your separate ways knowing that the dissolution of the marriage was equal and fair.
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