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Family Law: The Frequently Asked Questions

A lot of misconceptions are bound to arise when it comes to family law. Almost every important milestone in a person's life touches on the topic so you might have a few things that you would want answered. To help you out, here are the common questions related to family law followed by the general explanations.

I need to divorce my spouse. Should I contact an attorney? This will be the best first step to take right after making up your mind about divorcing your partner. Apart from divorce, other major events and changes in people's lives often call for the presence of family lawyers mandurah. An attorney will safeguard your rights, as well as the others involved such as your children. He or she is knowledgeable and up-to-date on the laws and regulations concerning marriage, divorce, child custody, marital property, alimony and child support.

Where can I find an attorney? Look for a lawyer who specializes on family law. If you are in a large and populated area, there is bound to be one. On the other hand, smaller areas tend to have lawyers who focus on more than one field. The best way to find the right lawyer to hire is through referrals from friends, family and colleagues. Ask around and know why a certain lawyer is recommended and know his best qualities. Make sure that these fit your needs and requirements.

What are the legal grounds for a divorce? There are two types here. A no-fault divorce is one where neither of the spouses blame each other for the dissolution of the marriage. The most common phrases you already might have heard are "irreconcilable difference," "incompatibility," and "irretrievable breakdown." The partners may have lived separately for a certain period and have decided to make it permanent. On the other hand, a fault-based divorce includes impotency, insanity, adultery, physical cruelty, child abuse, attempted murder, alcohol dependency and contracting a contagious disease from the spouse.

Who decides on how the properties are divided? Partners are allowed to divide the assets however they want to. This is called the "marital settlement agreement." The contract involves the property division and debts and settles the other issues of the divorce. A lot of divorced couples have taken this route but for some who cannot agree, they go to court and have it decided there.

Who determines the custody of the children? Same as the settlement on the assets, if the spouses fail to reach an agreement on the custody of their children, the matter is brought to court.

What about child support? Depending on the laws enforced, it may depend on the income and the time spent with the children. Most of the time, the parent who spends less time with the child pays more but if they share the time equally, it's the parent with the higher income who pays more.

Note that nothing in this article should be considered legal information. These are data reflecting the most common rulings but it may differ in your locality. No warranties are made regarding the accuracy of the information shown here. These are general answers that may help you out. However, it is always the best option to consult family lawyers mandurah for the soundest legal advice and guidance.


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