How a Family Lawyer Can Help With Your Divorce

Divorces can exert a substantial legal, financial and emotional burden on the parties involved. These cases also take a long time before they are successfully finalised. To improve your chances in a divorce case, it is always advisable to maintain legal counsel. Here are some of the ways a family lawyer can help with your divorce.

Explaining the Grounds for Divorce

Before the Family Law Act 1975, if you wanted a divorce, you had to prove that your spouse was to blame. You had to present evidence of adultery, habitual drunkenness and other matrimonial offences. Currently, you need to prove that your marriage has broken down irretrievably to file for a divorce.

Additionally, couples seeking a divorce must be Australian residents. They should also have been married for at least one year. Your family lawyer will advise you whether you have sufficient grounds to file for a divorce.

Timelines and Paperwork

Determining the deadlines for submitting paperwork and scheduling mediation can be quite cumbersome. It is essential to have a third party who is impartial and who will schedule a reasonable time for mediations and ensure all paperwork is filed on time. Hiring a lawyer will come in handy when negotiating favourable terms for your divorce.

If your ex-spouse files a sole divorce application, you need to respond to them within a specific timeline. Your divorce attorney will ensure you respond in time. They will advise you whether it is appropriate to object to an application to a divorce or the facts stated in the application.

Division of Marital Property

During the distribution of marital estate property, your divorce lawyer will ensure that all assets are disclosed. In many marriages, one spouse handles the finances, and the other may not know the couple's total debts and assets. A family lawyer will set the record straight by collecting records and locating all assets and liabilities to ensure the divorce settlement addresses these possessions.

In some marriages, each spouse brings property separately into the marriage. In other cases, the spouses may have gained assets independently through a nuptial agreement. Your divorce lawyer will explain to you how marital property is going to be treated when your marriage ends.


Many people avoid hiring family lawyers because of the legal costs involved. However, having a specialist in family law is not only cost-effective but also makes it easier for you. Some of the benefits of maintaining legal counsel include explaining the grounds for divorce, help with timelines and paperwork and division of marital property.