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The three stages of litigation in the family law suits

08th August 2011
By paramattacitylegal in Law
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Reaching the stage of divorce is perhaps one of the most disturbing moments of a personís life. The stage is reached when the couples find that they are not compatible with each other and putting an end to their matrimony using the process of law would be able to make their lives better. This is often a long drawn process in some countries while in some others this process is very simplified. However, seeking divorce is the first step in the three stage process of the family law. The other two stages are that of resolving the issue of child custody or access and of the division of the assets and property. The proceedings and the debate can be acrimonious and to get the best results in their favour, both the parties invariably hire the lawyers who are experts in family law. They might even take the services of the law firms which has specialist solicitors on all the three stages of the law to put forward the case in a coordinated way.
The application for divorce is filed after 12 months of separation. If the couple believe that their marriage has irretrievably broken down, they are first required to live separately for 12 months during which all attempts will be made for reconciliation and narrowing down of differences. If the marriage is less than two years old, then it is mandatory to have counselling sessions. Most of the reputed law firms prefer that the matters be resolved through counselling and, therefore, might suggest referrals to these institutions as a first step. So, after 12 months either of the party can file for divorce.

Settlement of divorce does not settle the parental right issues and the division of property or assets. These two are the toughest parts of the process. The litigants and every person involved in this process are mindful of the physical and emotional needs of the child. The issues invariably crop up on the person the child shall live with, defining the frequency and nature of access to be granted to the child and other specifics on day to day engagement with the child. A Children lawyer deals with these matters.
The third stage is that of the division of the assets or property. The courts look into the income levels of the parties involved, the nature and type of assets, existence of pre-nuptial agreements and other factors before deciding on the division. The fact that is to be noted is that this is not in the nature of commercial litigation and is a part of the family law itself. However, transfer of property using conveyancing includes the sale and purchase of the property which is itself commercial in nature. All this proceeds with the orders of the courts and as per the law under the supervision of expert solicitors. This is often the final stage of the divorce and separation process. It is important that your case is represented in the right way and in the right light of facts by the lawyers all through.

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