Without a doubt, divorce is an emotionally draining and stigmatising process. When a marriage is terminated, spouses and their children experience the perfect storm due to stressful events associated with separation, such as new living arrangements and finances. Despite the distinct challenges of a divorce, you can lessen the pain and damage by observing the following rules.
Perhaps, one of the most misplaced goals is to think that you can win in a divorce case. Well, most parties in a divorce suit aim to get a favourable ruling in a court of law; however, you can seldom win a divorce case when viewed in the real sense. Do not go into a marriage termination case with an adversarial mindset since the proceedings touch on the lives of people, especially when children and property are thrown into the mix. Instead, you should view the process as a give and take exercise where the best interests of each party are addressed fairly by a court. A good family lawyer will handle the legal aspects of a divorce, but they should also be pragmatic since the suit can go either way.
One of the most contentious issues in a divorce case is child custody. In most instances, both parents want to be granted custodial rights over their children, leading intense engagements in court. However, a judge always considers a child's interests if spouses fail to agree on a parenting plan. Notably, the Family Law Act of 1975 is blind to gender and does not consider the sex of a parent when it comes to parenting roles. It is recommended that you contract the services of a family lawyer when children are involved in a divorce case to ensure that your interests are addressed objectively.
When two people decide to separate, they experience both emotional anguish and financial challenges. As is the norm, couples tend to have joint finances when they get married, which might require mediation when divorcing. Therefore, be aware that you might be forced to provide alimony to correct any unfair economic effect triggered by separation. The provision of maintenance cushions both parties and ensures that other dependents do not suffer, despite child support being provided. With a competent family lawyer, you can ensure that the rights of dependents are observed and enforced by a court during divorce proceedings.
The Australian law is clear on separation, and there is nothing like an instant divorce. Before a marriage is dissolved, the involved parties must prove that they have been separated for more than 12 months, which is the minimum threshold according to the law. Even further, the contesting spouses must demonstrate that mediation efforts have failed before separation is granted in court. Therefore, a divorce process is systematic and stringent to discourage people from dissolving their marriages based on flimsy reasons, especially unions that are relatively recent. If one is contemplating ending their marriage, they should consider the legal aspects of divorce by demonstrating that their union has irretrievably broken down. Nonetheless, a family solicitor is better placed to advice you on divorce requirements in a court of law.
For more information, contact a divorce law service.Share