Family Lawyer Services: Things You Need to Know About Divorce
Divorces can sometimes be painful and emotional, especially when you consider the best family moments that you had over the past couple of years. However, it is sometimes inevitable for the best interest of everyone involved. Once you make up your mind about divorcing your legally married partner in Brisbane, you will need to hire a family lawyer to help you throughout the divorce process up to the final step. In this article, we will look at the steps involved in the divorce process and the facts that the court uses to determine the child’s custodian.
The steps involved in the divorce process under the family lawyer’s guidance
Initial consultation
This is the first step where you need to meet with a family lawyer and explain your situation and goals in detail. A family lawyer will then explain your rights based on the information that you give him, and then explain to you how the legal process of getting a divorce works. The lawyer will advise you on the next course of action to take to fulfil your wishes.
Filing for divorce
The lawyer will then help you to file a petition for a divorce with the court by preparing all the required documents. The document should clearly state your intentions and request for matters such as child custody, property division and spousal support.
Temporary orders
At this stage, you may request temporary orders for child support and who stays in the family home.
Discovery
This is the process of getting information about both spouses’ assets, debts, income and other crucial details that may help the court make appropriate decisions.
Negotiation and settlement
In Brisbane, most of filed divorces usually take the root of negotiations and settlement, out of court. Your lawyer will have to negotiate with your spouse’s lawyer to reach an agreement on issues like property division, child custody and support. A successful agreement can save both of you time and money as compared to a trial in court.
Mediation
Here, a neutral third party is introduced to help both sides reduce their demands and reach an agreement. Your lawyer at this stage will ensure that you get a fair settlement.
Trial
If negotiation and mediation do not work for your case, you will need to go to trial. It will require both parties to present their arguments and evidence to the judge for decision-making. Your lawyer will prepare you mentally, psychologically and emotionally to face the trial and present your arguments in the best possible way.
Finalising divorce
The court will then issue a decree on your divorce outlining all the terms of the divorce.
How does the court determine the child’s custody?
Best interests of the child
The court prioritises the child’s interests relating to health, safety and welfare when making such a decision.
Parent-child relationship
The court will also dig into the relationship that the child has had with both parents. They are likely to favour a parent who often provides emotional support to the child.
Stability and continuity
The court will also consider the parent who can provide a stable home for the child and meet the child’s lifestyle demands.
Do you need to take a break from your toxic marriage? Find a leading Brisbane’s family lawyer to help you file a petition for divorce and help you keep your child and a section of your family property. The court determines a child’s custodian by evaluating factors like the child’s best interests, parent-child relationship and stability and continuity.…
