Legal separation is created through court order or by an agreement with a licensed Westchester civil law attorney. During a legal separation, a married couple and their representative must still perform all the everyday aspects of their lives, including paying child support and helping kids with their homework. Separation can also occur voluntarily when one partner decides that they want to end their marriage but don’t want to dissolve their civil union. When these things occur, you need the advice of an experienced attorney who knows the laws and procedures regarding separation and divorce.
A legal Separation Lawyer Perth can guide you through every step of the process, from filing the paperwork to the final hearing with the judge. If you have questions about your rights during this time, an attorney can assist you and answer them. Your spouse can also choose not to hire an attorney and handle these necessary proceedings on their own.
It is not uncommon for a family law attorney to try to get a lower settlement or trial outcome for themselves. It is called self-dealing. However, it is against the law to accept any compensation or other type of award “free and clear” without consulting with a lawyer first. Self-dealing is also against the law if your spouse has filed for bankruptcy protection and has not been discharged.
If you are in the middle of a divorce and wonder whether your spouse will agree to sign a legal separation agreement, ask yourself some hard questions. Can you truly trust your spouse to be honest and keep their word? What would happen if you were caught cheating? If you have children, would you want them to see their parents fight? Will you stand to lose more money than you already do if you agree to a divorce? Once you have answers to these difficult questions, you can move forward with your life and start thinking about a divorce.
There are many reasons you might want to consider hiring a Separation Lawyer Perth instead of your spouse. Perhaps they can negotiate better a financial settlement for you. Perhaps they can get the court to exclude certain information from a report you must fill out after a divorce, depending on where you live. Maybe your spouse has income from another job and needs a social security number to file. These are all legitimate reasons to seek legal advice, and they should not stop you from using a professional lawyer.
The truth is no-fault divorce is not an option in most cases. People who do have no-fault divorces often choose to stay together and work out an amicable separation agreement. Unfortunately, many people who file for a no-fault divorce do not include important issues such as child support or alimony payments in their negotiations. Therefore, it is so important to use the services of a separation and legal separation lawyer when negotiating for a no-fault divorce.
In many cases, once you’ve decided on getting a divorce, you will have to choose whether or not to hire a lawyer to represent you. For example, you may think you know what your spouse is up to, but your spouse may have hidden assets and financial problems that you will be able to learn about only through a legal separation. Hiring a lawyer allows you to decide whether or not your concerns will be dealt with professionally or if you want to represent yourself in court. If you decide to represent yourself, be sure to thoroughly vet any potential divorce attorney before you sign anything.
It’s also important to remember that even after you and your spouse have settled your divorce, there is still a chance that you may be granted a rehearing of the separation agreement. A rehearing can be more contentious than a divorce because judges are more open to granting requests for a rehearing once all the relevant circumstances have been presented. It’s also possible for your spouse to file an appeal after a divorce, and you will be able to benefit from the experience of an experienced family law attorney if you choose to pursue that option.