Solicitors Sydney

About Divorce Solicitors

Nobody assumes that it will one day be necessary to hire a divorce lawyer while walking down the isle or saying, “I do”. The reality of divorce is that is it a traumatic experience that typically involves hurt feelings and delicate issues. For this reason, when a couple has grounds for splitting it is imperative that they find a good divorce lawyer, who can handle the matter with skill and tact.

Introduction to Divorce Law

Any good divorce solicitor will tell you that in order to be divorced in Australia, you need to have been separated for at least one year.

You can apply for divorce if you:

* regard Australia as your home and intend to live in Australia indefinitely, or
* are an Australian citizen by birth, descent or by grant of Australian citizenship, or
* ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

In order to divorce, you must prove to the court that your marriage is beyond repair by attesting to one of the following:

A. Adultery by your husband or wife.
B. Unreasonable behavior by your husband or wife.
C. Desertion for two years.
D. Two years separation with agreement.
E. Living apart for five years.

If one of the above is true, you can proceed with petitioning the court for a divorce. There are many forms to fill out and you will be required to provide personal information and a certified copy of your marriage certificate. Your spouse will be served with your divorce request, which they can sign in agreement, contest or ignore. In the end, if the judge decides that a divorce is in order, there are still matters such as asset distribution and child custody that need to be worked out.
Experienced divorce solicitors know the ins and outs of divorce law and can walk you through the process one step at a time. In addition, if your spouse decides to contest the divorce or intends to fight you for custody of your children, a skilled solicitor will be your number one asset in obtaining a fair judgment.

How to Find a Good Divorce Lawyer
Apart from a referral from a trusted friend, colleague or family member, the internet is the best place to begin your search for divorce lawyers in your area. Simply typing a few key words into your favorite search engine will yield a lengthy list of solicitors from which to choose.
You would be wise to spend some time researching your prospective solicitors before settling on one to represent you. The best divorce lawyers will have a great deal of experience in dealing with divorce law and will be able to show you an impressive record of accomplishment. Do not settle for less than the best divorce lawyer that can be retained within your means, as a fair settlement depends largely on your choice of representation.

Legal Costs

During the process of petitioning for divorce, you will be required to pay various fees to the court. In addition, retaining a lawyer for divorce will require a further expenditure. There is no rate that is set in stone, as costs all depend on how long and complicated the case ends up. If you wind up with a custody struggle, family divorce lawyers are your best bet. Therefore, if you think there may be an issue surrounding custody, you would be wise to retain a lawyer that specializes in this field from the start instead of switching over to one only after things get complicated.
The good news is that a skilled family divorce lawyer understands the system so well that they can usually avoid unnecessarily lengthy divorce settlements. Skilled solicitors can advise you of the laws that pertain to your case and can serve as a buffer for you while navigating the troublesome waters of divorce.

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