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Starting my new life

I have been waiting for the last twenty years to leave my husband. I have never been that well suited to him, but once I got pregnant I thought we should give it a try. Now that the kids have left home, it's obvious that our marriage is totally over. We're going to get a divorce. I'm making sure I have all of my ducks in a row, legally speaking, before I leave so that I get everything I'm entitled too. This blog is designed to give other empty nest divorcees a place to chat and share tips and advice.

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Starting my new life

Common Pieces of Advice That Family Lawyers Give Clients

by Cherly Green

When it comes to divorce, you are advised to hire a family attorney as soon as possible. It is mainly the case if you suspect that your partner has lawyered up. Staying one step ahead is always a good strategy for winning divorce cases. Part of the process involves lawyers advising clients throughout the divorce process. This article highlights common pieces of advice that family lawyers give clients. 

Children Have Rights, while Parents Have Responsibilities

It is a well-known fact that the law protects fundamental human rights. Thus, most parents get into a divorce case thinking they have a right regarding child custody. However, a family lawyer understands that courts prioritise children's rights. During a child custody hearing, parents have responsibilities. While it is difficult for some people to comprehend the idea, it is the reality. Therefore, a family lawyer will do their best to help you understand the issue.

Try Mediation First

Ever since the no-fault divorce was established in Australia, there has been a gradual increase in divorce cases. With family courts bursting at the seams, family lawyers prefer to ask clients to try mediation first. It does not mean that your lawyer becomes useless during mediation. In fact, family lawyers appreciate the role of mediation since it often leads to a deeper understanding of the current situation. If there is no sign that mediation will work, a lawyer will file for divorce with a family court on your behalf. Even if you are on bad terms with your spouse, it is advisable to heed your attorney's advice and give mediation a chance. 

Be Patient Since Cases Take a Long Time

No matter how good your family lawyer is, they are not a special breed when they get to a court. They have to wait in line for their case to be called just like everybody else. Since most lawyers charge by the hour, they factor wait times in their rates. Unfortunately, some people think that family lawyers exaggerate their bills, which is not the case. Therefore, if you hire a family lawyer because you do not want to wait in line, you need to rethink your strategy. All you need to understand is that your lawyer will do everything to help close your case, regardless of how long it takes. Patience is a virtue in divorce cases.

Reach out to a family lawyer for more information or help with your case. 

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