Divorce – What to Expect
Divorce is a hard thing for anyone to go through.
Finding a family divorce lawyer makes it a bit easier.
If divorcing parties are experiencing issues communicating, the best family lawyers, Perth can ensure your rights stay intact.
A lawyer can be there in all matters regarding custody, divorce proceedings, and any paperwork needed.
Divorce laws
When getting a divorce, you are required to go through the court process — pending your circumstances, you may not be required to physically show up to a courthouse.
Other requirements include:
- One or both parties must be a resident of Australia for at least 12 months
- Must be legally married
- And separated for 12 months
- If married less than 2 years — both parties must provide proof of couples counselling
If one party disagrees on the date of separation, the court proceedings can be delayed. It is vital that you write down the date that both parties agree the relationship ended.
There are two types of divorce — joint and sole.
A sole divorce is when one party files and serves the other. Whereas a joint divorce involves both parties wanting a divorce.
If filing for a sole divorce, you will be required to attend court to ensure both parties have been served and are aware.
In WA, both parties do not have to consent to the divorce. It is up to the courts to determine if a divorce is warranted.
What to expect
Divorce can be messy.
The common marriage involves children, property and shared finances.
In regard to children, the court’s primary responsibility is to protect the child or children’s best interests by trying, first and foremost, to maintain a relationship with both parents and children.
A common divorce may take 8-12 weeks — depending on if the courts are busy or there are complications.
If there is a lack of communication or violence between the parties, the difficulty of your case may increase.
A good lawyer should:
- Help determine what is needed to achieve the outcome you want
- Advise you on your rights and responsibilities
- Point you in the right directions and assist you in meeting the right people or services
- File paperwork for you
- And ensure you remain in control of your future
Finding the Right Divorce Lawyer
Always ask for a consultation before hiring any lawyer. A consultation allows you to see if they share the same values as you, and can possess the skills to achieve fantastic outcomes.
Make sure they have the experience needed to handle your case and any special needs you may have.
Other questions to ask include:
- Are there any upfront costs for your services?
- What should I expect to pay?
- How many cases have you handled like mine? What was the outcome?
Communicate with your lawyer any special requests or issues you may have throughout the process.
When going through a divorce, always look for the best family lawyers Perth.
Custody battles, paperwork and court appearances can be stressful to handle on your own.
A family divorce lawyer can make the process go smoother and keep your rights intact.