A family law solicitor can significantly ease the divorce process. Besides offering legal advice, the professional will advance your interests during property division and child custody proceedings. Below is a guide discussing a few questions you can use to interview a family lawyer before hiring him or her to handle your divorce case.
What Is Your Specialisation?
Most family lawyers opt to specialise in a specific branch of family law. As such, your family lawyer should specialise in divorce matters. A specialised lawyer understands changing state and court regulations. Besides, he or she has the expertise and skill to negotiate for a fair outcome and argue out your case in court.
Does The Case Meet The Minimum Legal Requirements?
The Australian Family Court can only grant a divorce if the applicants meet the stipulated requirements. Ideally, your marriage must be recognised in Australia. Besides, you should be separated for at least one year. Couples married for less than two years need a counselling certificate. You will need an affidavit if personal situations (such as an illness) or the nature of your marriage (say you have a violent spouse) prevent you from seeking counselling services.
What Is The Possible Outcome?
This question is quite challenging to answer since various factors affect the property settlement and child custody process. Some people will want a larger portion of the property if they feel that they made more financial contributions than their partners. This is not possible since the court divides property acquired after the marriage equally between the two parties. However, your lawyer can help you maintain custody of property purchased before the wedding or specific aspects of your wealth. For instance, say you want control over your business or the family home. If you want sole custody of your kids, you must provide compelling evidence that your children's lives are at risk if they live with your ex. The court will make a ruling based on the best interests of the children.
What Can Affect The Outcome Of The Matter?
Although divorce is a civil matter, some behaviours will negatively affect the outcome of your case. For example, you should not make huge purchases or hide some of your assets. You should also follow temporary court orders regarding spousal maintenance, raising your children, and managing your property. Do not lie in court. Otherwise, you will be held in contempt of court.
Inquire about the lawyer's pricing. For example, does the lawyer have a fixed charge or do they charge per hour? Some lawyers will offer free consultation and help organise court documents if you cannot afford legal services.
To learn more, contact a family law solicitor.