My Legal Blog

Howdy! I'm Dan Smith and I live with my wonderful family in Perth. This is my legal blog which aims to look at every part of the legal system. I should point out that i'm not a lawyer myself. However, my good friend Stan has been representing people in court for many years. I find Stan's work fascinating and I love asking him questions. I have even done a bit of my own research into the legal system. I decided to pull everything together here so I could organise my thoughts while also providing useful info for others. Thanks for checking out my blog!

Understanding Divorce and Divorce Lawyers

Law Blog

No one looks forward to or expects a divorce when getting married. However, problems within a marriage arise, leading to divorce as a solution.

Generally, there are two kinds of divorce:

A mutually agreed divorce/amicable divorce – Here, you and your spouse agree that the solution to your marital problems is a divorce. You even agree on how to share marital property and who gets custody of the children. It can be joint or one parent. It is usually joint, but you agree on how to raise your children while observing their best interests.

A one-sided divorce/bitter or unamicable divorce – Here, one spouse may have been wronged by the other through cheating or domestic abuse, though there may be other reasons as well. The decision to divorce comes from the cheated or abused spouse. They usually fed up and want to be done with the cheater or the abuser. The bitter spouse files a petition for divorce in court and also serves the abuser or cheater with divorce papers. The abuser or cheater is expected to file an answer to the court so that a court hearing date is set. 

An Important Note

Before getting to why you need a divorce lawyer, keep in mind that you and your spouse should always get separate divorce lawyers, regardless of whether you have an amicable or bitter divorce. You want to avoid conflicts of interest and bias. You also want to ensure that the divorce is handled fairly.

Why You Need a Divorce Lawyer

In an amicable divorce, hiring a divorce lawyer is essential because you want to guarantee that the agreement between you and your spouse is legalised and ironclad. You want to avoid something happening in the future that may come back to bite you. Your lawyer knows about such circumstances and will ensure that there are no loopholes in the agreement.

In an unamicable divorce, hiring a divorce lawyer is crucial. You, however, have to be smart about who to hire, especially if you are the spouse in the wrong; aggressive lawyers can make things worse. Your lawyer may try to convince you and your spouse to come to an amicable agreement because courtroom divorces consume financial resources and time. They also don't always end how spouses expect. If this is not an option, divorce lawyers will carry out research independently to try and get the best outcome from the divorce.

Reach out to a divorce lawyer for more information. 


6 October 2020