If you're thinking about divorce, you are probably dealing with many conflicting emotions and thoughts. The decision to go ahead with a divorce is never an easy one. Whether you have decided to take the initiative to end your marriage or you have been served with divorce papers, you need to understand the process, your rights and what you can expect in the coming months. During this difficult time it is important that you keep a clear head, gather accurate information and get advice from professionals who can help guide you through the process.

Property Division:
It is easy to make bad decisions during an emotional time, or to prioritise "getting it over with" at the expense of planning for the future, but the decisions you make now may impact the rest of your life. You cannot afford to make emotional uninformed choices. Even basic divorce issues such as the division of assets and dealing with debt, can be complicated. An experienced attorney can help you avoid mistakes that can later cost you dearly.

Spousal Support:
It is crucial for separating spouses to be fully apprised of the guidelines governing the amount and duration of spousal support awards. In some cases permanent maintenance may be awarded while in others maintenance awards may be limited to short term "rehabilitative" payments. An attorney who specialises in divorce matters may negotiate for a lump sum payment which would do away with protracted contact between the parties.

Parental Rights and Responsibilities:
Deciding on residency arrangements (previously known as custody) for your children after your break-up can be traumatic. The relocation of children can be detrimental to their education, their social relationships and even their mental health. An attorney with experience in the Family Law field will provide invaluable advice on how to minimise disruption to your children's lives.

Contact rights (previously known as access) are agreed or assigned as part of the divorce process. The couple is encouraged to come to a mutual agreement but parents often try to push the envelope by extending children?s stays or refusing to deliver the children at the arranged time. Parents can be assisted in this process by an attorney with the acquired skills in mediating contact disputes.

When a couple separates, both mother and father have a financial responsibility for their children's wellbeing. The court will seek an outcome based on the needs of the children and a maintenance order will be made against the parent who is not the primary caregiver.

Beyond Divorce:
Some of the issues decided in a divorce are set in stone. Other issues, however, remain "open" long after the granting of the final Order of Divorce. For instance the primary residence of the children, rights of contact and maintenance orders may be modified under certain circumstances. A Family Law attorney can assist you in deciding whether to pursue an application for a variation of an existing order and can help you enforce an existing order which is not adhered to by your former spouse.

Nobody marries with the expectation of failure. Couples never contemplate that the person they once loved could eventually become an adversary and an enemy. It is very important to consult a competent attorney early in your divorce planning process. Herold Gie's Family Lawyers are experts with the necessary focus and acquired skills to give you the best possible legal advice in this field.

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