What kind of lawyers should I turn to process a divorce?April 13, 2021
Lawyers specializing in family law are the most suitable to carry out a divorce, since they are experts in regulating the relationships, both property and personal, of the members that form a family.
Whenever there is a problem related to justice, people turn to lawyers to fix these setbacks and help make the best of it. Although it is true that these professionals know perfectly the entire field of general law, it must be taken into account that there are many more specific branches and for this, it is essential to have a lawyer who specializes in the type of case that is required. presents.
In this sense, when it comes to processing a divorce, it is best to go to lawyers in Sydney specialized in family law. Family law is an important part of civil law that is exclusively in charge of dealing with cases about conjugal relations, family legal relations or parental-child relations, among others.
One of the most common situations for which this type of lawyer is used is the processing of a divorce. On many occasions, love does not last forever and that is why a professional lawyers like McKenzie Lawyers is needed to defend the rights of the affected person before the other party, to obtain the best results and always trying to reach a friendly and conciliatory agreement.
What is there to know about this procedure?
When the decision is made to initiate a divorce proceeding, it must be borne in mind that the other affected party may agree or not, and it is precisely in this situation where somewhat uncomfortable, problematic or even situations can occur. painful Years ago, the Law ruled that, for a marriage to be divorced, it had to be at least two years apart and, once that time elapsed, a divorce could be requested.
At present, this regulation has changed and now, the only requirement that is requested is that three months have passed since the marriage bond took place. After this time, you can request a divorce without any problem. In this sense, it must be pointed out that the coexistence between the marriage may cease much earlier, however, it is necessary to wait these months to be able to start the legal procedures.
Although there are exceptional cases such as risk to life, gender violence or risk to physical or moral integrity, whether of the spouse or the children, if any. In all these cases, it is allowed to request a divorce before these three months. In the same way, it is no longer necessary to separate before divorcing, so the procedure can be started directly.
What is the difference between separating and getting divorced?
There are many people who confuse separation with divorce, for this reason, it is important to know what each situation is. In this case, we speak of divorce when the existing marital bond between two parties is completely dissolved. While separation is a state in which that bond is suspended, however, it is not allowed to remarry another person.
In what other cases does a family lawyer act?
In addition to divorce or separation cases, family law attorneys can handle other common cases such as matrimonial property regimes. That is, the different economic regimes that exist and which is the most beneficial for each person.
They also handle all cases related to children, such as joint custody or alimony, to know when and how to apply. It is also common to go to this type of lawyer if the visitation regime is breached, as well as for the liquidation of property or even inheritance, in the event that one of the parties dies.
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