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Do I Need a Divorce Lawyer and How to Find a Good One

17th June 2021

When a couple decides to get married, divorce is the last thing they want to imagine. Unfortunately, happily ever after isn’t a reality for every couple. In 2019 there were 49,116 divorces granted to couples in Australia. 

Going through a divorce is different for every couple. Emotions range from a sense of relief to regret. Throughout the process, individuals have to arrive at a point of agreement to finalise the matter.

Hiring a divorce lawyer makes the process easier, and with the right team, you can avoid a lengthy court battle. An experienced lawyer is skilled in keeping clients out of court and avoiding lengthy maneuvers and delays.    

Have you reached the point of divorce in your marriage? We’re here to help. Learn more about the process of hiring a solicitor to handle your divorce.

What is a Divorce Lawyer (Family Lawyer)?

A divorce lawyer is also referred to as a family lawyer. This type of lawyer specialises in legalities concerning family matters that require legal intervention.

Too often, couples with children will think an amicable divorce is possible. Then they get into maintenance and who gets the home, visitation and more. 

The best divorce lawyer can mediate on behalf of the client to ensure a fair outcome. Some areas that require a family lawyer include:

A good divorce lawyer will have your best interests in mind.

Do I Need a Lawyer for an Uncontested Divorce?

To answer this question, we must first explore what an uncontested divorce is versus a contested divorce. 

Contested

In Australia, a contested divorce is when the parties cannot agree on the divorce's essential points. These disagreements could mean one party does not want to get divorced. However, in most instances, there is a disagreement on the division of assets, child custody, and marital or child support.

A judge will have to intervene and decide how to resolve the issues if the parties cannot agree. Some cases may require divorce mediation.

Uncontested 

An uncontested divorce is the total opposite of a contested divorce. In these cases, the parties are amicable and have already decided beforehand how to divide assets. Uncontested divorces are more manageable if there are no minor children, paternity, or financial maintenance.

Do you need a lawyer to get divorced if the split is amicable?

Some couples believe in going the DIY route to save money. Even if you're successful, it's highly recommended that the agreement gets formalised by a solicitor. 

It's best to have a divorce lawyer free consultation to determine for added protection. Simple divorces require a lawyer to review documents and proposed settlements.

How To Choose a Divorce Lawyer?

Choosing a divorce lawyer will depend on your individual needs. Each party will need to have representation. In rare cases, the judge may order minor children have separate family lawyers.

To find the best divorce lawyer, recommendations from people that have undergone a divorce similar to yours are the best route to take. If money is an issue, you'll need to find a free divorce lawyer through community social services programs.

Before starting the process, have an honest assessment of your situation. Understand what's involved.

The lawyer you choose will help you understand your rights and responsibilities in an amicable divorce. Overall, you'll want someone who has your best interest at heart. 

What Questions To Ask a Divorce Lawyer?

During the initial divorce lawyer free consultation, there are several questions you need to ask. The answers will help you determine if this is the best lawyer for your case.

  1. How do divorce proceedings work?
  2. How long will the divorce take?
  3. What is a separation, and how long does it last?
  4. What are my legal rights during the separation and divorce?
  5. Are there things I must disclose to my spouse?
  6. Am I entitled to spousal maintenance during the separation period?
  7. What are marital assets, and what am I entitled to?
  8. Detail what's considered a contribution to the marriage and how is it assessed
  9. Are we required to go through mediation?
  10. What is your fee, and when is payment due?

There are other questions specific to your needs and circumstances.  However, these are essential questions you'll need to ask to make informed decisions.

If you and your spouse are not on good terms, you also want to ask the divorce lawyer about means of communication. For example, can the lawyers relay messages on behalf of their clients? 

How Much Does a Divorce Lawyer Cost in Australia?

It's commonplace to wonder how much a good divorce lawyer costs. Seek a lawyer that is upfront about their charges and offers fixed-fee pricing. Do your best to stay away from firms that cannot give you a clear idea of what you will pay for the divorce.

Contested divorces can drag on for months, even years. The absence of a clear idea of how much your divorce will cost may lead to you paying a hefty price in the end.

Set a realistic budget and plan for unexpected expenses. Keep the lines of communication open with your lawyer. Request line-item accounting and pre-approval of expenses outside your initial agreement.

What if you can't afford a divorce lawyer? Contact Legal Aid Queensland for advice and referral to a community aid provider.

Should I Hire a Divorce Lawyer?

Hiring a divorce lawyer is one of the most significant decisions you'll make in the dissolution of marriage. Choosing the right one will make a complicated process more manageable. 

If you’re ready to take the next steps, Koolik & Associates has lawyers willing to protect your best interests at fixed rates you can afford. We choose the best options to get the results you deserve, in a timely manner. 

Click here to schedule a virtual consultation today. 

Please note the contents of this post is information only and not legal advice. 
If you require legal advice it is best to contact one of our lawyers who can review your particular circumstances and then provide tailored advice according to your needs.

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