A divorce lawyer possesses a law degree and is licensed as a lawyer in the jurisdiction in which the lawyer practices. The area of law that divorce lawyers specialise in is known as Family/Matrimonial Law. Other matters covered by family law include marriage and civil unions, child abuse, adoption, surrogacy and paternity testing among others. Generally, a lawyer who provides legal services pertaining to a divorce has expertise in this realm. Such experience may be acquired through training, specialised course work and hands-on experience. Read through the recent before choosing one.
Most divorce lawyers deal with termination of relationships and ancillary matters, including divorce, annulment (whereby a marriage can be considered to be invalid from the beginning almost as if it had never taken place), property settlements (judicial division of property rights and obligations between spouses during divorce), alimony(legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce),child custody ,visitation and child support .
A divorce lawyer can also help in negotiating for custody of a child either by arrangement in court. In such a circumstance the lawyer should ensure that the best interest of the child are well protected by making sure that the best-suited spouse wins fair custody over the child.
The role of divorce lawyer differs with the types of divorce. If you are filing for an uncontested divorce, then the services of a divorce lawyer are limited to filing the divorce papers and representing their clients during the court hearing. However, this is not the scenario with a contested divorce. In a contested divorce the role of lawyer starts with filing the divorce papers and then representing their client in the courthouse. Generally contested divorce gets strangled in litigation, so it’s the responsibility of the lawyer to sort the case as soon as possible and get the desirable outcome of the case for their client.
A divorce lawyer may play the role of the mediator by acting as a third-party neutral facilitator, who helps spouses reach their own agreements, therefore being a great resource and can help minimise tension in your divorce. A mediator can’t give you legal advice, though, so it’s important to hire your own lawyer who can give you advice and ensure your rights are protected. A lawyer can help you understand your legal rights and the impact of certain issues in your divorce.
The ideal divorce lawyer is a problem solver, works well with people, is adept at compromise, and is comfortable in court. Even when there is no intention of going to court, a lawyer’s trial record and history of success in court can have some bearing on his or her ability to negotiate a settlement with your spouse’s lawyer. The lawyer should be compassionate and sensitive to your needs and feelings, but firm when necessary in handling your affairs. He or she should be non-judgmental and open-minded to all matters concerning the case. The experience and client handling skills are the important aspects, and we suggest Mirabellas family lawyers when dealing with divorce cases.
If you are looking family lawyers Melbourne that can help you understood your situation, get a free consultation from our family lawyers today.