As painful as the process may be, sometimes the reality of the situation is that your marriage has ended, and you need to file for divorce. It can be easy to move through these initial steps on your own, but it’s important to understand that speaking with a divorce lawyer can give you an important edge when it comes to protecting your family and getting the best possible outcome out of this unfortunate situation. To help you better understand why talking to a Divorce Lawyer Melbourne is so crucial, consider these three reasons why they’re essential in this difficult time of your life.
3 Common Phases in Your Divorce Case
It’s not enough to decide that you want to divorce. Sometimes just deciding is the hardest part. In reality, even if you’re the initiating party, it will likely take several months before your divorce case gets underway. The following are three phases that make up your divorce case:
(1) Preliminary Phase
(2) Mediation Phase
(3) Trial Phase
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Phase 1 – Getting Started
The first phase involves meeting with your attorney and getting an idea of where things stand. To start, you should get together all important papers such as marriage certificates, birth certificates, tax returns, bank statements, etc. This information can be crucial in determining the division of assets and spousal support (if applicable). During your initial meeting with your divorce lawyer Melbourne, they will likely go over all documents that you provide. After doing so, he or she will give you advice about how to proceed moving forward.
Phase 2 – Settlement Negotiations
The mediator who facilitated your initial divorce counselling will continue to be involved in your case. Once again, they will help you and your spouse talk through any issues related to assets, debt and child custody. This discussion will lead to settlement negotiations. At some point, both you and your spouse must agree on how to split up assets and decide who gets primary custody of any children (if applicable). If you are unable or unwilling to agree with your ex-spouse on these matters, then it is time for a divorce lawyer Melbourne can recommend an individual mediator or team that specializes in contentious divorces. During mediation, you have a 50/50 chance of success in reaching an agreement or solution that suits both parties.
Phase 3 – Going to Trial
If you and your partner can’t agree on issues such as spousal support, child custody, or dividing property, you will have to go to trial. It is common for people who haven’t worked with a divorce lawyer in Melbourne before to worry about going through court proceedings. But our Melbourne family lawyers are highly experienced in court procedures and will guide you every step of the way. They will make sure that everything is fair, explain your rights and try hard not to prolong court cases needlessly.