WHY WOULD I APPLY FOR A DIVORCE AND HOW DOES IT AFFECT THE DIVISION OF GOODS?

Normally, people contemplating a divorce already have an idea of what to expect. Many have seen divorces on television or in the movies and, often, you know someone who has gone through a divorce personally. And it is increasingly common to have experienced the divorce of the parents themselves. Despite these “second-hand” experiences, coping with your own divorce is one of the most traumatic events in life.

You face not only the legal termination of one of the most important relationships in your life, you must also start thinking about unpleasant situations, such as the division of property and the search for a new home. In many cases, you also must get used to the idea of not seeing your children daily.

Predictability and divorce are not terms that go hand in hand but having realistic expectations will help you feel satisfied with the outcome of your divorce. Consequently, it is important to understand what the divorce is for and why not. So, what is the use of divorce?

Division of goods. The divorce will determine who will stay with what in the division. A family court will try to divide the assets of a marriage as economically as possible. In most states, the following will be excluded from this division: assets acquired before marriage, assets donated or inherited. In some states (where the partnership is recognised), this entails a 50 percent distribution of the goods acquired during the marriage for each of the parties. Other states (where the partnership is not recognised) will review the financial circumstances of each part of the couple, their future financial plans and other relevant matters to make an equitable distribution of the assets.

APPLYING FOR A DIVORCE

Most people do not know getting divorce is not such a complicated process, the requirements for a divorce to take place are very simple. Once you have decided you do not want to go back with your former partner and have been separated for over 12 months then you can divorce.

Nowadays many former couples prefer to execute this process together, so they can have all information at hand and they can complete the application without any problems. Nonetheless, it is important not to mix up the concepts of divorce and property settlement and while a divorce can be completed online, a more complicated procedure such as a property settlement requires the assistance of leading professionals such as VIC Family Lawyers that can provide you with top recommendations on what to do.

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WHY SHOULD YOU HIRE A LAWYER TO ASSIST YOU ON YOUR DIVORCE?

Because the division of assets is never predictable, if any of your assets is essential, it is best to hire a lawyer to negotiate and establish in advance the division of property with your spouse’s lawyer. For example, it may happen that although you would love to keep your home, you have a greater need to keep your business. Therefore, you could give up your house in exchange for your business. In this way, you could try to reach an agreement with your partner to divide the assets.

Obligations of sustenance. The divorce will also determine who is obligated to provide support in a couple. This can be done through the support of children or their spouse. Child support payments are largely set by state laws, but this is not always the case. In addition, child support orders depend on agreements regarding custody. In general, spousal maintenance depends on the facts that motivate each divorce and the financial circumstances of the couple. Therefore, it is very difficult to predict the final decision of the court.

FREQUENTLY REQUIRED INFORMATION REGARDING DIVORCES

  • When can I get divorced?

    You need to wait 12 months separated before you can apply for a divorce, you may also need to demonstrate you are actually separated, the Court may require witnesses to confirm you are separated.

  • Can I get divorced while living with my ex?

    Yes, you may be separated while living on the one roof and still get divorced. In this case you will need to take a third person to file supporting statements in Court. The most recommendable thing to do in this case is to look for the assistance of our top experienced experts.

  • Does the divorce affect any other legal process taking place at the same time?

    Many people going through a divorce procedure are also going through other legal processes, being the most common ones:

    1. Property Settlements
    2. Spousal Maintenance
    3. Child Support

    Some people are even deciding on children’s agreements, custody and access to their children and other procedures alike. And the answer is no, a divorce does not interrupt any of the procedures mentioned above.

    HOW WOULD MY DIVORCE AFFECT CHILDREN CUSTODY?

    Custody of minors and visits. In addition to the distribution of assets, the other main function of divorce is to establish custody of the children and the schedule of visits. This is also not predictable. Although the courts try to base their decisions on factors that suppose “the best interest” of the child, these can vary depending on the cases and the courts. After all, when making decisions about custody, judges are naturally influenced by their own beliefs, opinions and values. Add to that that judges usually hear the worst of people during custody proceedings. Thus, with its limited perspective on the lives of parents, a family court does not always make the “best” decision possible regarding custody. Remember, negotiation and agreements are important options to keep in mind. Anyone who must go through a divorce, especially a child, will benefit if an agreement for custody is reached.

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"My experience with VIC Family Lawyers was highly remarkable. With responsible professionals who are evidently well-educated and passionate about their profession they were able to resolve my case in a short time."
-	Mary Ann- Mary AnnMelbourne, Vic
"A divorce is a very delicate process. Usually, when you go through it you are not completely sure about anything that is happening. VIC Family Lawyers could offer me the service I needed, cleared my ...
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A TEAM OF DEDICATED FAMILY LAWYERS IN MELBOURNE

At VIC Family Lawyres, We offer high quality advice and representation services in all areas of family law including separation and divorce, property settlements, parenting arrangements, child support and pre-nuptial agreements.