Going through a divorce is a difficult and emotionally draining experience. During a divorce, you may be forced to expose your private affairs in court. It is essential to maintain legal counsel during the divorce process. Here are some of the ways a divorce lawyer can help you.
Rejecting a Divorce Application
In Australia, you can only apply for a divorce if you and your ex-spouse have been separated for 12 months. Other conditions that must be satisfied include irreconcilable differences and Australian citizenship. A divorce lawyer can help you oppose a divorce application.
If you are not ready to have a divorce, your lawyer can file a Response to Divorce. Your lawyer will indicate the grounds on which you are seeking a dismissal of the divorce application. You can oppose a divorce if you and your spouse have not been separated for 12 months or if the court has no jurisdiction to make a ruling on your case.
In the event of a divorce, your ex-spouse is required to support you financially if you are not able to meet your financial needs. The law on spousal maintenance is gender-neutral, and the court will grant alimony to the most deserving spouse. The amount of spousal maintenance you are entitled to will depend on your previous life, your current needs, your age, health status, and your spouse's financial capacity, among other things.
A divorce attorney can help you get a fair amount of spousal maintenance. Your attorney will ensure you get alimony until you are able to be financially independent. In cases where your ex-spouse defaults on their alimony payments, your lawyer will take legal action against them.
Child support is one of the main issues in a divorce. Courts deal with parenting and child support issues differently. While parenting issues involve a parent's right to participate in major decisions affecting their child, child support issues involve a child's right to get financial support from their parent. When making decisions about child support, the court will consider the best interests of the child.
A divorce lawyer will ensure that you reach a reasonable and legally binding parenting arrangement with your ex-spouse. If you and your spouse cannot agree on child support, your lawyer will take your claim to court and help you get a fair judgment. Additionally, your lawyer can help you take legal action against your ex-spouse if they default on their child support payments.
If you need help with family law issues, contact a lawyer near you.