Divorce, custody battles and other family law matters can be emotionally draining experiences; your lawyer should help ease these difficulties instead of increasing them.
Aston legal offers client-centered legal services with empathy. Her extensive knowledge and kindness make her an excellent choice for families facing separation, divorce or child custody disputes.
Divorce
Divorce marks the end of any marriage and involves various issues such as custody of children, child support payments, property division and spousal support. A Werribee divorce lawyer can assist in filing your paperwork with the courts if needed while family law attorneys will help facilitate agreement between both parties regarding any contentious aspects.
First step of filing for divorce: Submitting a petition. A petition includes information such as your request for a divorce, grounds, and any fees to file it with the court clerk. Afterward, arrange to have copies of both petition and summons served upon your spouse according to court-established procedures; each jurisdiction may differ on how and who can serve such papers.
Once your spouse receives the papers, they have a certain period of time to respond to it. They can either agree with your petition and sign an affidavit saying so, or file their own divorce complaint. If they fail to respond within that timeframe, a default judgment will be entered against them, making future litigation much harder and costlier.
Whenever parties cannot agree upon an outcome, a court may order mediation. Mediation involves meeting with a neutral third person who helps negotiate an amicable solution and save both money and stress in the long run. Following mediation, any remaining issues will be decided on and final orders issued by the judge.
Divorce lawyers can be invaluable resources in handling all the paperwork involved with divorce and ensure all forms are filled out accurately. They may even assist in setting a court date if yours is contentious and offer guidance regarding any other steps required by law. According to Brette Sember, JD, former family lawyer and author of The Complete Divorce Organizer & Planner book series. Providing your attorney with complete and organized folder of documents will make their negotiations process more effective, according to Brette.
Child Custody
Parents often believe they should be able to settle child custody arrangements on their own, but this is not always possible. If parents cannot agree upon an arrangement for child custody, a judge will need to step in. This can be an emotional and trying time for everyone involved, especially the children involved. Our firm provides legal guidance regarding an arrangement which will work best for your family.
Melbourne courts tend to grant joint legal and physical custody arrangements in an effort to uphold both parents' rights, with joint legal custody allowing both to make decisions about religion, medical care and education for their child(ren). However, if one parent is judged unfit or poses a danger to themselves or others then sole legal custody may be awarded instead.
Custody may also be modified if there is an unexpected significant change that could impede on a child's wellbeing, for instance if one parent begins abusing alcohol or drugs and their incapacity for parenting means sole custody is awarded to another party.
When seeking custody, be prepared to present evidence in support of your argument. This could include witness testimony, financial data such as accounts or bills as well as any relevant paperwork. Our firm can assist in gathering this documentation and filing it with the court.
If you seek sole custody, do it out of a genuine desire to give your child the best life possible and not to gain revenge against an ex-partner. Displaying anger before the judge can only make things more complicated if they believe you're being spiteful or trying to show how badly things went between the two of you.
Be wary of what you post online during this process; any statements could be used against you by your former partner and used against them later. The internet can be an insidious force when it comes to divorce cases; anything posted could potentially come back and haunt you later on.
Property Disputes
Property disputes involve real estate such as homes, vacant lots, roads and commercial buildings as well as personal items like furniture, cars and jewelry. An attorney with experience in family law may help couples settle these disagreements so that the judge doesn't need to make tough decisions for them.
Melbourne is an equitable distribution state, meaning that courts will attempt to divide all assets fairly and equitably during a divorce proceeding. A judge will take many factors into consideration when allocating assets equitably such as whether an asset was acquired during marriage and whether either spouse made significant contributions. He or she will also consider factors like retirement rights lost, health insurance coverage gaps and lost income as factors of consideration when making this determination. Depending on an item's value and complexity it could possibly be divided in-kind while compensating with money where applicable for items which cannot be divided in-kind distribution award to compensate both parties accordingly.
Sometimes property disputes occur prior to filing for divorce. When this occurs, couples can try and resolve them outside of court through mediation - in which a neutral party meets with both sides to discuss their issues and help reach an agreement between themselves. A divorce lawyer can advise both sides about their rights and options during this process.
If both parties cannot come to an agreement regarding property issues, a judge will make his or her ruling at trial. If you're uncertain how a piece of property will be dealt with in your case, consulting with a Werribee Family Lawyer might be beneficial.
Boundary disputes are another frequent property disagreement. They can arise when one party builds a fence or plants trees on land belonging to their neighbor and this results in litigation regarding ownership rights of the land in question. Sometimes hiring an expert surveyor for your property lines is useful in helping settle these conflicts more easily.
Wills & Estates
Wills are instructions given to an executor or personal representative charged with administering your estate that detail how assets should be distributed according to your wishes. It's typically overseen by state probate courts to make sure your wishes are carried out; without one, the state will divide up your estate according to state laws. Having updated your will after significant events like divorce, having children, or acquiring significant new assets is especially important.
At this point, it would also be wise to review and update both medical and financial power of attorney documents as well as update any beneficiary designations on life insurance and retirement accounts - otherwise your spouse could inherit them upon your death unless an alternative beneficiary is named.
An estate lawyer in Melbourne can assist in developing your estate plan and ensure it passes to whomever you want after you pass. They can identify all your assets - real estate, bank accounts, investments and life insurance policies - as well as assist with setting up trusts that will oversee those assets during both life and death.
No matter if you own a will or trust, it is vitally important that you consult with a Melbourne estate planning lawyer regularly in order to make sure your assets and wishes are accurately represented in any documents that reflect them. Any time there is a major life event such as marriage, divorce, having children or acquiring significant new assets it would be prudent to consult with an experienced estate planning lawyer so as to ensure your documents remain up to date and accurate.
An estate of the decedent comprises all property owned at their death. Once this process has begun, all known creditors must be informed and given time to file claims against it. Once filed and any taxes paid are distributed among beneficiaries in either cash form or transferred into Trust accounts established for them.