Divorce Lawyers - Why You Should Choose One You Feel Comfortable With

[Kate Felicity]

Divorce is one of the most difficult life events to go through, and it can be costly. Consequently, it is important to choose a divorce lawyer that you feel comfortable with and that will work best for your situation.

There are many divorce lawyers out there, each with their own specialized practice. Some specialize in specific issues, such as child custody disputes. Others work in a collaborative or mediation style, trying to minimize conflict and resolve disputes outside of court.

Splitting Assets

One of the most contentious and difficult parts of a divorce is determining what to do with the marital home, vehicles, securities, valuable collectibles, retirement benefits, and other assets. These assets are not just monetary, but they also have sentimental value.

A divorcing couple should work together to determine a logical owner for each item and a fair value for the property. Some values are easy to determine, while others may require an expert opinion.

In Sydney, we follow the rule of equitable distribution, which requires the court oversee a fair division of marital assets. That doesn’t always mean 50/50, but it does require a judge to take into account many factors when evaluating assets and debts.

This can make the process of dividing assets extremely complicated, especially for people with significant wealth or a complex financial situation. A divorce lawyer who understands how to navigate these issues will help you build a strong case.

Family Debt

Almost everyone has some type of debt, whether it's a mortgage, credit card, car loan, student loan or medical bill. Unfortunately, creditors aren't always kind to people in trouble.

When a couple divorces, they also have to divide their debts. The courts use the laws of their state to determine how to equitably distribute the debt.

There are many different types of debt that can qualify as marital or non-marital, including tax liabilities, business debts and loans from family members. Some debts are even classified as divisible property, meaning that the court can deem some of them as part of the marital debt that must be divided in a divorce.

The problem with family debt is that it can cause some significant disagreement between spouses, particularly if one partner took out the debt on their own or during the marriage. The other partner may feel that they should pay the debt or should help them pay it.

Spousal Support

When a couple decides to divorce, they must often make decisions about how to support each other financially. Whether this involves spousal support or child support is dependent on several factors, including each spouse’s income level and the amount of assets they hold.

Temporary spousal support can be awarded while the divorce is still in progress. This type of alimony is usually paid by the spouse with higher income, and is typically designed to cover reasonable living expenses during the divorce proceedings.

Permanent spousal support, however, is rarely ordered. Instead, the family law court will typically only order this type of alimony when one spouse has stayed out of the workforce for a long period of time or when it is believed that the recipient won’t be able to find work in the future.

There are a few ways to avoid paying spousal support, depending on your situation. The best way to do this is to get a prenuptial or postnuptial agreement in place before you marry.

Child Custody

Often, the most significant part of any divorce case is child custody. The court decides who will have legal and physical custody of the child(ren).

There are many factors that a judge considers in determining custody, including which parent is more likely to foster a healthy relationship with the child and whether one parent has made harmful decisions regarding education, health care, religious upbringing, and so on.

A good divorce lawyer will make sure that your child's best interests are always the top priority.

The key to a successful custody arrangement is cooperation between both parents. No one knows your Family lawyer near me more than you do, and it will almost certainly be less stressful and more cost-effective to work together on these issues instead of trying to resolve them in court.

If you are unable to come to an agreement on custody, the court will schedule a hearing. This can be as simple as a joint conference or as complex as a trial.