Why use a Family Law solicitor for divorce?

The Federal Circuit and Family Court of Australia provides documents and guides to file for a divorce on their website. Applications for Divorce can be filed online through the ComCourts Portal. This provides easy access to anyone who wishes to apply for a divorce.  

With this service available to the general public, why would you use a Family Law solicitor to prepare or act for you in a divorce application?    

There are many good reasons you may want to engage a solicitor to act for you when applying for a divorce, or responding to a divorce application you have been served with. You may choose to engage a solicitor because: - 

This is a very emotional time for many people and you may not feel you are strong enough to deal with the divorce application without having professional support. Some people find having a solicitor provides additional comfort. 

  1. You may not know how to serve your former spouse with the divorce application or you do not know where your former spouse is living. You may need a solicitor to help you apply for Orders so your spouse can be served by email, which is not normally allowed. 

  2. You do not wish to attend Court for your divorce hearing, but you have children under the age of 18 years. In matters where there are children under 18, unless both parties are making the divorce application, the applicant needs to attend or have a solicitor attend on their behalf.  

  3. You and your spouse cohabitated while separated or had a brief reconciliation. You may need to obtain legal advice to ensure that you correctly address this in your divorce application. If this is not addressed properly, your divorce may not be granted. 

  4. Your former spouse is opposing the divorce. They may be seeking that the divorce not be granted, or they may be challenging facts in your divorce application.  

  5. Your former spouse has raised some issues in their divorce application or in their response to your divorce application that you do not agree with and you need advice from a solicitor. 

  6. You would like someone to prepare the legal documents for you. You may have difficulties completing legal documents and forms, and would like these done for you or you may just be time poor and want someone to prepare the documents for you.  

Using a family law solicitor can bring tremendous benefits and peace of mind.  If you would like to discuss applying for a divorce or any other family matter, please contact our office.

Please note: the information in this article is general in nature and is not legal advice. For specific advice about your circumstances, contact us to make an appointment with one of our solicitors.

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