Frequently Asked Questions
How Much Will My Divorce Cost?
Every divorce is unique and the cost can vary significantly. But you need to get at least an idea of the filing and lawyers fees up front. At Adelaide Family & Divorce Solicitors, we can provide a rough estimate of what your divorce may end up costing you.
Does it make a difference who files first?
It is never a happy moment when a marriage ends. Very often, couples try & struggle to patch up problems, but to no avail. It is a difficult choice, especially when minor children are involved, however, divorce may be your only option. If you are sure your marriage cannot be salvaged, you and your spouse may file to dissolve your union. Although there is no right or wrong for who files first, there may be advantages and disadvantages. The court and judge usually look at both party’s information equally & if you file first you may have the chance to decide when court dates are established, properly prepare for the divorce & may be the first to present your case. Our Family Divorce Law experts will be able to answer your further questions.
How Long Will My Divorce Take?
This question may be one of the most important you have. Every divorce case is different, but you need to know what to expect and that us as your lawyer has a good sense of how your case will go. Our Family divorce solicitors are able to provide an estimated timeline of your divorce from initial filings to completion given your unique circumstances.
What Documents Will I Need for My Divorce?
Depending on your shared assets and debts, you might need to provide quite a bit of documentation to back up your divorce filings. You may need to bring things such as bank statements, tax returns to prenups and birth certificates to a consultation. Adelaide Family divorce lawyers will be able to tell you how best to prepare for a divorce. So know what you'll need before you start you divorce.
How Will Child Support Be Determined?
Figuring out child support will necessarily depend on the custody and visitation arrangements. As a general rule, both parents are responsible for financial support for shared children, but there are numerous factors to consider when calculating actual child support figures. Ask one of our lawyers about these factors, how courts weigh them, and what you'll likely owe or receive in child support after your divorce.
What About Spousal Support ?
Absent a prenup, you may have to figure out if you need to pay your soon-to-be ex any alimony. Spousal support is generally based on the income and earning potential of each spouse and the standard of living of each spouse during the marriage, but courts may also consider the presence or absence of children in the home. Call our Family law experts about what you might expect to pay or receive, if anything, in alimony.
Who Gets Custody Of Our Children?
More important than sorting out the kitchenware is sorting out the children. If you have kids, you're going to need to determine child custody and visitation issues as part of your divorce. Courts generally make custody determinations based on the best interests of the child. One of our family lawyers should be able to give you an idea of what those determinations might look like, based on our years of experience in these matters.
How Will Our Property Be Separated?
Who gets what in a divorce can become a major battle, and you'll want to know where you stand before the first shots are fired. Property can be almost anything. It includes the obvious things like a house or a car or money in a bank. But it may also include less obvious things like long service leave entitlements, superannuation, potential compensation claims and debts owed to you or your ex-spouse. Talk to you ex-spouse and reach an agreement. It is wise though to get independent legal advice before you do that, so you know exactly what your entitlements and obligations are. If you don’t reach an agreement with your ex-spouse we can apply to the Family Law Courts for orders to be made to determine your property settlement.
I'm in a defacto relationship & not married what happens?
If you and your ex-partner separated after 1 July 2010, then the Family Law Act applies to you, and includes provisions for superannuation splitting, spousal maintenance and other entitlements and obligations. If you and your ex-partner separated before 1 July 2010, then the Domestic Partners Property Act 1996 applies to you, unless you and your partner agree to “opt in” to the new legislative provisions.