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Family lawyers in Bendigo Help to Avoid Common Divorce Mistakes

Family lawyers in Bendigo Help to Avoid Common Divorce Mistakes

Going through a divorce can be confusing and frustrating. There are a number of things that you and your spouse can and should do to make the process go as smoothly as possible. Family lawyers in Bendigo will get you through the end of your marriage, financially and emotionally. Below are some common mistakes made during the divorce process and tips how you can avoid these mistakes.


Acting Out of Anger


Emotions run high during the divorce process, and it is acceptable to experience these emotions. However, it is not   

acceptable or advisable to take actions in your divorce based upon these emotions. Acting out of emotion instead of   

acting based upon rational reasoning may lead you to make decisions in your divorce that may negatively impact you  

later on.


Australian law operates under no-fault divorces. This means that for a couple to divorce, it does not need to be proven that either party is ‘at-fault’ for the breakdown of a marriage. The actions of one party in contributing or causing a marriage breakdown are not considered by the court, and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together.


Taking the Wrong Advice


If you are going through a divorce, it’s a difficult time in your life and friends and family are an enormous support. Sometimes well-meaning family and friends overstep the mark by giving advice, often legal advice, which is wrong or inappropriate. Sometimes it's because they've been through a separation themselves and they assume whatever advice they received is automatically going to apply for you. This usually isn't the case. Every relationship is different. Every divorce is different. The facts are different and there are a lot of factors that can be considered.  You need advice which is tailored to your situation from experts such as lawyers.


Using Children as Pawns


Research shows that conflict between parents before and after separation causes most damage to children, not the separation itself. Do not force your children to act as an intermediary between you and your spouse or have the burden of filling the gap left in your household by the departure of your spouse. Try to protect the children from conflict as best you can. 


Not Seeking Legal Counsel


While you may have friends or family members who have gone through the divorce process, they are not lawyers. Divorces are complicated matters that concern the division of financial assets and the future of children. Only qualified and competent legal professionals will be able to effectively advise you regarding your rights and responsibilities during the divorce process. If you are considering divorce, a lawyer is equipped to advise you on your rights and entitlements. Family lawyers in Bendigo can advise on aspects including the following:

  • Divorce law;
  • Division of matrimonial property;
  • Spousal support;
  • Child support;
  • Custody matters.


Making an Application for Divorce

Now more than ever, people turn to the Internet to research legal and financial matters. When it comes to divorce in Australia, choosing to proceed without consulting legal advice is unwise. There are many resources depicting the divorce process as quick and easy. These are definitely two words you should not use when talking about a complicated and layered legal proceeding.

There are two different applications you can make to the court for moving ahead with a divorce; a sole application or a joint application. There are specific parameters an applicant, (or applicants,) need to meet before qualifying.

·         The applicants must be born in Australia or born of Australian descent;

·         Is an Australian citizen and must provide a certificate of citizenship;

·         Or is lawfully present in Australia and plans to obtain permanent residency.

Those applying for divorce must have been separated for twelve months and one day or longer and believes the marriage has broken down and the relationship differences may not be resolved. Even if the termination of the relationship is amicable, it is important to protect your best interests. Hiring a family lawyer based in Bendigo that will best represent your needs through a divorce proceeding can be difficult. There are experienced family lawyers working all over Australia that potential clients can access through the Web. Discussing your individual situation with a lawyer online will provide you with the information you need before making an application for Divorce. They will also be able to provide you with upfront details about the costs associated with this legal process.

The selection of a divorce lawyer is crucial not only to the ultimate outcome of your case, but also to how your case progresses from start to finish in terms of stress for you and your children, cost, and length of time. Make divorce as stress free as possible by hiring family lawyers in Bendigo.



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