What is the best way for me to find out if I need a lawyer? If you are trying to understand your rights as a divorcing spouse, then it’s important that you speak with an experienced family law attorney. A qualified divorce lawyer can answer questions about child custody, property division, spousal support, and more.
You may not need an attorney if your divorce is uncontested, but it’s always best to be safe and consult with a top family lawyer Sydney. This will allow you to navigate through whatever you’re going through with confidence and peace of mind.
Here are some of the divorce-related questions you can ask a family lawyer:
- Will my spouse have to come with me for every meeting with the lawyer?
In most cases, individuals have the right to meet with their lawyers privately and discuss sensitive or personal topics that may be of a private nature. However, family law attorneys must always act in accordance with client directives when representing clients during any type of formal proceedings involving their divorces.
Therefore, it is important for anyone who finds themselves involved in this situation not to hesitate from contacting an attorney directly if they feel there might be some potential issues surrounding individual privacy rights—or other complications that could potentially arise as part of conducting business on behalf of your lawyer’s firm.
- What can I do about my spouse hiding assets?
In many instances, spouses are able to work out informal agreements about property division before filing divorce documents with a court system. If you and your spouse cannot reach a mutual decision about your property before going to court, it is wise to seek legal representation so that all important details are handled appropriately through negotiation within the justice system.
- Will my case go before a jury?
In some cases—especially those involving complicated issues of child custody and/or child support payments—it may be possible for judges presiding over divorces with children involved (e.g., divorce hearings) to select potential jurors in order to make decisions regarding visitation rights.
However, there is never any guarantee when it comes to the specific outcomes associated with formal judicial processes like this one. Therefore, anyone considering filing for divorce should ask their family lawyer how such a case might play out in their jurisdiction.
- What is the average amount of time a divorce takes to finalize?
This answer can vary greatly depending on the specific situation and the number of contested issues that need to be resolved by a family law court. However, most divorces are able to be finalized within six months’ time if there are no major disagreements about child custody or division of assets/property between former spouses.
- What documents will I be needing throughout the divorce process?
Family law attorneys can help you understand which specific documents will be necessary for your divorce case. In general, most divorces require copies of marriage certificates, birth certificates (for any children involved), financial records dating back at least a few years and proof of residency.
- What happens if my spouse and I can’t agree on a parenting schedule?
In most cases, courts that oversee divorce proceedings involving children will attempt to help spouses come up with a mutual plan before making any formal decisions regarding parental arrangements.
However, there are many instances when that type of hearing may be necessary—especially when one or both parents demonstrate through the legal process that they might not be able or willing to cooperate with joint decision-making processes over time.
Therefore, anyone who has questions about whether such court involvement would benefit them from a child custody/visitation standpoint should speak with their family lawyer.
- What if my spouse and I have already agreed to a divorce?
In instances where spouses have already reached an agreement about terms of divorce, it may be possible for them to file a joint petition with their local court system. This type of filing would typically require both parties’ signatures and the payment of associated fees.
However, this process would not involve any kind of courtroom procedure and could result in receiving formal paperwork regarding your respective parenting plan within as little as several weeks.
- How will our property be divided?
In some cases, spouses may be able to work out an informal agreement about how property would be divided in the event of a divorce. However, if you and your spouse cannot reach a mutual decision on this topic or other aspects of your case (e.g., child custody), it is often wise to seek legal representation so that all important details are handled appropriately through negotiation within the justice system.
- What should I do if my partner has stopped communicating with me?
This can be difficult for many reasons because family law attorneys must act according to client directives at all times during any type of formal proceedings involving their clients’ divorces. Therefore, it is imperative that individuals who find themselves in these circumstances communicate directly with their lawyer.
If you have questions about divorce, it’s important that you speak with a family lawyer. You may be able to save time and money by understanding the process ahead of time. The list above can give you an idea of what to expect from your prospective attorney when they answer your questions.