Do I Need a Lawyer for My Divorce?

TGB Partner Diana Dichiera gives her top 3 reasons why having a lawyer through the separation process is critically important and will make a significant difference to your outcome.

The breakdown of a relationship is often a difficult and stressful time. Thinking about the legal processes and your rights and entitlements is often not your highest priority.  You may be dealing with the important issues of ensuring any children are coping with the separation and adjusting to different parenting arrangements, trying to find somewhere to live and going through your own emotional difficulties.

This is where having a lawyer negotiate your family law matter can be integral to ensuring a positive outcome. Whether you are dealing with a property settlement, a parenting matter and/or a divorce, a family lawyer will be able to help provide the assistance you require to move forward.

These are the top 3 reasons a family lawyer is essential.

1. Reduce your stress

The court process is stressful and in combination with a divorce this can be an extremely trying time in your life. Using a family lawyer can reduce this stress by removing your direct responsibility in the legal process. When you are under the significant stress of a divorce making even simple decisions can become quite difficult and people often make decisions they later regret. A family lawyer will alleviate some of this decision pressure and assist in directing your focus to the matters which are relevant, thus providing you with the opportunity to direct your attention to other matters of importance.

2. Provide crucial knowledge

A family lawyer will have the knowledge to guide you throughout the entire process of divorce and property settlement. Without the expertise of an expert family lawyer you may find it difficult to know where to begin your matter or in fact what the actual process involves to ensure a formal divorce and property settlement. Your family lawyer will have the requisite knowledge to ensure that your matter is being dealt with as effectively and efficiently as possible, in the proper court and in accordance with all formal requirements. Without a lawyer it is extremely difficult to be assured that the steps you are taking alone are in fact the correct ones. This can ultimately lead to lengthy delays and potentially much greater costs.

3. Maximise your potential outcome

Utilising the expertise of a family lawyer will ensure that you maximize your potential outcome whilst minimising legal fees. A family lawyer will be able to exhaust all possibilities in formulating your approach and provide you with the fairest outcome whilst at the same time taking into consideration the factors which are required under the Family Law Act. In negotiating your family law matter without a family lawyer you may later find that you did not maximise your outcome by exploring all the available avenues. A lawyer will also enable you to accurately surmise whether any offer for settlement made to you is fair, this could save you considerable money and time in the longer term.

When enduring the hardships of a separation you may feel that a lawyer is the last thing on your mind or that to engage a lawyer would be completely unnecessary, however, having a lawyer to help you negotiate and to better understand your legal rights is crucial and can save you considerable heartache and cost in the longer term.

Tindall Gask Bentley is the largest family law firm in South Australia, and also has offices in Western Australia and Northern Territory. To arrange an appointment contact your nearest TGB office or register online.