How Divorce Lawyers Can Help You

Posted by Garza Flora on February 6th, 2023

Divorce is one of the most stressful and painful experiences a person can go through. Choosing the right attorney to represent you is critical.

A Mornington divorce lawyers must be able to handle your case from an objective perspective. This is particularly important if you have children involved.
Child custody

Divorcing couples often have to worry about their children’s safety and custody. They may be concerned about where the kids will go to school, their extracurricular activities and medical issues.

Custody lawyers are professionals who help their clients negotiate child custody arrangements in an amicable manner without triggering the emotions. Their knowledge in previous cases helps them de-escalate the situation when negotiations become heated.

Joint legal custody means that both parents have the authority to make major decisions regarding the child, including where the child lives and how much time the children spend with each parent. The court grants this to parents who are able to communicate well with one another about their children’s needs and wishes.

Sole physical custody is when the child lives with a parent more than half the time. In this arrangement, the parent with physical custody is referred to as the custodial parent and the other parent has visitation rights.

There are a number of determining factors that courts consider when making custody decisions, including each party’s behavior toward the child. They also take into account whether a parent has been convicted of crimes, or has abused the children, or is otherwise seen as not providing a safe living environment for the child.
Division of property

Division of property is one of the most difficult issues a divorce lawyers Mornington faces. It affects every asset he or she has worked hard to create, from the family home to business interests.

Often, it also impacts their ability to provide for their child. It can be especially painful for a husband to suddenly see everything he has built up for himself being given away, not necessarily equally.

Divorce laws are designed to help couples reach a mutually acceptable settlement for all the issues associated with a divorce. This means that the court will take into account both of the parties' needs and preferences when dividing the couple's marital assets (usually called the "marital estate") minus debts.

It's important for both spouses to assemble a complete list of all their assets and debts, including their value at the time of acquisition and what they could sell them for today. It's also a good idea to get an expert to appraise your house and other valuable items.
Alimony

When a spouse is unable to support themselves after divorce, they may be entitled to alimony. It is a type of financial support that is meant to help the recipient spouse become self-sufficient and maintain a reasonable standard of living.

There are many factors a judge must take into account when determining how long to award spousal support, including the length of the marriage, the incomes of both parties and the standard of living before the divorce. However, judges have a lot of discretion on this issue.

Unlike child support, which is determined by the law and requires that one parent pay a certain amount to the other, alimony depends on the agreement between both parties. A divorce lawyer may be able to negotiate a settlement that reduces or eliminates the need for alimony in some cases.

During the divorce process, courts often award temporary alimony to assist one or both spouses until a final decision is made on the issues of child custody and property division. During the divorce, a divorce lawyer may also seek to modify an existing order of alimony by proving that the paying spouse has experienced a significant change in circumstances.
Negotiation

Negotiation is a process that enables people to come to an agreement. It can be used in a variety of settings, including military negotiations and family conversations about child custody.

A good divorce lawyer understands how to conduct negotiations in a way that ensures the client’s best interests are protected. However, the process can be challenging for the client and his or her lawyer.

If the couple is unable to negotiate an agreement, litigation may be necessary. This is especially true when the spouses have strong reasons to believe that their partner is hiding assets or is not sharing information about property.

During negotiation, it is important for the divorce lawyers to communicate with their clients about when they need to push for their positions, accept a compromise or walk away from the discussion altogether. Divorce lawyers may also need to work with their clients’ therapists to help them find the strength to move toward a better outcome.