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A divorce lawyer's services come in handy as you divorce or separate from your spouse. This extract details several questions to ask your divorce lawyer. Hopefully, it will help you comprehend the divorce process and help you determine if you should dissolve your marriage. 

Does the Marriage Qualify for Divorce?

In Australia, divorce is a straightforward process since the couple only needs to prove that the marriage is irretrievably broken. Moreover, they should be separated for a year or more. However, some issues could complicate your eligibility for a divorce. For instance, take a case where you were separated but living on the same property. If this is your situation, you will need an affidavit to prove you were separated. The lawyer will also evaluate whether your marriage is legal in Australia. For example, if you are in a polygamous marriage, the courts will not grant you a divorce since the arrangement is not recognised in Australia. 

What Happens to The Kids? 

You could be concerned about your kids' welfare after the divorce. Typically, both parties draft an agreement detailing where the kids will live, how the parties will plan the kids' futures, and how the couple will provide for the kids. If your partner poses a danger to the kids (it could be that they have a violent history or are gang members), your lawyer will file for sole custody. Most people presume that the judge will allow them to take the kids from their spouses. Nevertheless, it is not guaranteed since the judge's decision is based on the child's best interests. For instance, the judge could allow supervised visitation.

How is Marital Property Shared? 

Property is a contentious issue in any divorce case. Ideally, the property accrued during the marriage should be split between both parties. However, exceptional circumstances could entitle you to property your spouse acquired before the marriage. For instance, you could have played a significant part in managing your partner's business. The lawyer also examines previous agreements that could affect the property settlement process. For instance, a pre-marital contract could determine how the joint assets are split between the couple.  

Is it Possible to Get Spousal Support? 

You do not automatically qualify for spousal support. Ideally, you need to prove that you are financially disadvantaged. For example, maybe you quit your job to care for the kids or due to a long-term illness. In this case, your partner should pay spousal support until you find a job. However, the payments stop if you get into a relationship.