Legal Advice: Important Things To Consider Before Getting A Divorce

Written By Alla Levin
November 05, 2021

Legal Advice: Important Things To Consider Before Getting A Divorce

Human life is sadly full of challenges, and it can be hard to find practical solutions to them. Legal professionals learn the importance of trans awareness, and many family members become estranged from one another. Another huge area that can bring emotional pain is divorce.

It may be that you have decided to call time on your marriage. Before you take any steps, it’s best to consult with a divorce attorney in Fort Bend County. This article will discuss what you should know from a legal perspective and how those considerations might affect your personal life. 

When contemplating divorce, it’s crucial to consult with a property settlement lawyer who specializes in matrimonial matters to ensure a fair and equitable distribution of assets and property.

What Is A Divorce?

‘Divorce’ is a word meaning the legal termination of a marriage. During a divorce, marital assets and debts are divided between the two parties. This division of property is sometimes contested by one party if they feel that their spouse received an unfair share of assets during division proceedings.

There are many reasons why people get divorced. Still, some common ones include infidelity, incompatibility (inability to resolve conflicts within the relationship), unwillingness to reconcile (to change behaviors to make things work), or issues with alcohol/drugs/gambling/addiction.

Legal Advice: Involve A Divorce LawyerInvolve A Divorce Lawyer

A divorce lawyer is a person who has specialized knowledge of divorce laws and procedures and family law. The legal process can often become complicated and time-consuming, so having someone else handle this for you can ensure that everything goes more smoothly.

The lawyer can protect you from being taken advantage of during the divorce proceedings (e.g., having all the blame placed on you) so there won’t be an unfair distribution of responsibility or assets. This allows for a more balanced approach than if someone were representing themself.

There were 40,032 divorces in Australia during 2017. Go online if you want to know how to get a divorce in Victoria because specialist websites can tell you the legal steps you need to take. You can access explanatory videos and book free non-obligatory consultations with legal professionals. It’s possible to access fee transparency and payment plan information with a quick response time. 

Specific Areas Needing Legal Assistance

You may want to consider receiving legal advice if you are contemplating any of these circumstances:

  • Separation or divorce;
  • Child custody;
  • Spousal support/alimony payments;
  • Property division/property settlement agreements (‘Pre-nups’);
  • Division of matrimonial assets such as the marital home, pensions, investments, etc.;
  • If you have a will or want to make changes to your existing one.

If there are children involved in your relationship, it’s highly advised that both partners sign an agreement before moving forward with separation proceedings so they know exactly what will happen no matter which way things go in court.

Your Choice Of Attorney

If possible, consult at least three divorce attorneys before making your final decision on who will represent you. You can find them by searching online or seeking recommendations from friends or colleagues. It always helps if the lawyer has experience dealing with cases similar to yours, and they should also be able to provide references from previous clients they’ve helped. 

It may be that a lawyer who specializes in divorce cases involving children would be most relevant to your situation. If so, they would better understand the situation at hand and know what is required from them during this difficult time.

Fault-Based DivorcesInvolve A Divorce Lawyer

The most important consideration when filing for divorce is whether you will be able to prove your case “at home” or “in court” In other words, if you can prove that your spouse is at fault for the breakdown of the marriage and caused it to fail.

A fault-based divorce allows one party to file a petition to dissolve their marriage. This is because of certain actions performed by their spouse, which constitute legal grounds for an annulment (e.g., adultery, abandonment, cruel treatment, or imprisonment due to a criminal conviction).

Filing For A Civil Lawsuit Or Divorce

To file for either civil lawsuit(s) or divorce, you must submit the proper paperwork with your state’s family court. You can do this online by creating an account on LegalZoom and completing their questionnaire, or you may consult directly with a local attorney to discuss all your options.

Legal Advice: The Process

Many people often feel like divorce lawyers are their enemies, and they can get very adversarial when dealing with issues such as child custody, spousal support, etc. It’s still best for both partners involved in the divorce proceedings involving children or significant assets to be represented by divorce attorneys.

They will understand what each person wants and needs and help achieve this through negotiation/mediation processes. This is infinitely better than having an emotionally charged battle over everything during court hearings, where things usually only end up getting worse.

Custody, Access, And Child Support

The petitioner is often concerned about access to their children after separation, while the respondent may be equally anxious about child support payments they will have to make post-divorce. They are important factors in any family law case and must not be overlooked by either party.

Custody refers to who lives with who following separation or before proceedings begin through an interim order. It also decides on arrangements for visitation time between each parent. It can also determine if one party has the sole power to decide on all major decisions regarding medical concerns, education choices, etc. Access generally means how much time per week a noncustodial parent spends visiting their kids. Child support is about how much money each party contributes towards the child or children’s everyday expenses.

If you were previously unsure about the need for a legal advocate to direct you through the process, you’ve no doubt seen the advantages now. With their help, you can get through this painful season as quickly and effectively as possible. The lawyer will seek the best possible outcome for you and any children, both now and in the future.

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