4 Things To Discuss With Your Divorce Lawyer
A divorce lawyer will come in handy as you dissolve your marriage. When consulting with your divorce lawyer, you may leave out some facts that could significantly influence the outcome of your case. The article below details some disclosures to make when consulting with a divorce lawyer. With luck, they will improve the outcome of your case.
The Cause Of Your Breakup
Australian Family Law uses the no-fault principle when granting a divorce. As such, all you need to prove is that your marriage is irretrievably broken. However, the causes of your breakup could significantly influence the lawyer's arguments in court. For example, suppose your spouse was violent. In that case, your lawyer will help you get a restraining order or domestic violence order against your spouse. Besides, they could ask you to seek sole custody of your kids. However, it is essential to note that you need evidence to prove a violent history. For example, hospital records or a testimony from a family member could convince the court that your spouse is violent.
There are two types of assets in a marriage: marital and individual assets. Individual assets are those acquired before the marriage. Typically, you are allowed to keep them after divorce. However, unique circumstances could compel divorce lawyers to include individual assets in the divorce process. For example, if you helped manage and grow your spouse's business, you deserve a share after the divorce.
You will also share your loans after the divorce. However, your spouse's conduct could give you an advantage as you share your marital assets. For example, if they took a loan without consulting you, you could argue that you did not know about the existence of the loan.
Current Financial Position
The lawyer will need an assessment of your personal finances against those of your partner. For example, you could qualify for spousal maintenance if there is a significant difference in your finances. For instance, you could be a stay-at-home parent. Alternatively, your spouse could have had a financial windfall in the recent past. In this case, the lawyer could ask for alimony to enable you to maintain your previous living standards.
Your Preferred Parenting Arrangements
From the onset, your lawyer should know how you intend to raise your kids after the divorce. For instance, where will they stay? How much will you contribute towards their welfare? Your lawyer will examine your intentions and advise whether they can hold up in court. For example, you cannot seek sole custody if your spouse does not pose a threat to the kids. Likewise, you cannot insist on living with the kids if you cannot offer them stability.
When consulting with your divorce lawyer, inform them about the cause of your breakup, your assets, current financial position and preferred parenting arrangements.