In modern realities, divorce will not surprise anyone. Let's turn to statistics: according to the State Statistics Service of Ukraine, over the past five years the number of divorces has seriously increased. So, in the first 5 years of marriage, more than 60% of couples get divorced.
Those who did not face the divorce procedure believe that there is nothing complicated in a divorce, however, people who have “experienced the divorce” will not agree with them. Divorce can be simple only in one case, if the parties do not have children and common property, and both agree to divorce. In this case, they turn to the RAGS and get the desired freedom. In other cases, to get a divorce, you must go to court.
Features of divorce in court
Any person even a little bit literate in the legal aspect, will confirm that a divorce in court is not a simple process, which involves serious preparation. The preparatory process includes the study of legal norms and documents, on the basis of which the entire base of further disputes will be built. From the point of view of a lawyer, the divorce proceedings is not an easy task, since it is extremely important to properly prepare for the meetings.
Thus, the assistance of a lawyer specializing in the Family Code of Ukraine is a lawyer with a narrow specialization, who will help to understand the situation. And as a result, to solve the issue without difficulty, prove in court that you are right and get the desired outcome of the case. Guided by the laws of the current legislation, divorce through the court occurs in the following cases:
· The existence of joint property, which the parties cannot divide peacefully;
· Pregnant wife;
· The presence of common children who have not reached the age of majority;
· Other circumstances in which the parties cannot reach agreement.
So is it possible to dissolve a marriage without going to a lawyer
Many citizens believe that divorce is a simple process and it is not necessary to go to a lawyer. However, this position is erroneous. No, the marriage is dissolved without the participation of a lawyer, but in this case you are unlikely to be satisfied with the results. So, usually during a divorce, difficulties arise with the division of a common apartment, house or car. It is even more difficult if the spouses have children in common who have not reached the age of majority. Thus, when dividing property, each spouse tries to get more than he really belongs.
A highly qualified lawyer will help to resolve all the nuances in the process of sharing common property. It is also worth noting that the court reserves the right to divide property not equally. That is, the parties cannot predict which part it will receive. Turning to a lawyer who is familiar with all the little things at times increases the chances of winning a court. At the preparatory stage, the lawyer will prepare the necessary documents that seriously affect the final result of the judicial review of the case. It is this position of the side that will help to achieve the expected result.
Features of the division of property in a divorce involving a lawyer
One of the main reasons for going to a lawyer for a divorce is to share property. Given the current realities of the work of the judicial system, it is often the case when a marriage is divorced that the division of property remains without consideration, then the case of divorce and division of property is divided into two legal proceedings, which significantly delays the whole process. In general, this situation leads to difficulties in the psycho-emotional aspect, since spouses after a divorce rarely want to get into each other's eyes, especially if they are only connected by property.
If the division of property is considered by the judiciary as a separate matter, then usually the spouses usually bring together front witnesses and highly qualified lawyers, and in some cases take more drastic measures in the form of forgery of documents to prove in court that the property belongs only one side. In such a situation, it is impossible to do without the help of a lawyer, because under the circumstances, the court will be on the side of your former half.
Who do the children stay with after divorce?
If the division of property is easier, the division of children is much more difficult, since it is important not to injure the child psychologically. Naturally, it is much easier if the spouses decide between themselves who the child will live with and determine the role of everyone in raising children. However, unfortunately, parents can not always find a solution and go to court. In this case, the decision of the court is influenced by many factors, based on which determines the fate of minors. Among these factors, it is worth noting:
· The age of the child, that is, can he express his opinion in court;
· Degree of attachment to parents;
· The level of fulfillment by parents of their duties.
These factors are one of the important, but not decisive, since the state of health of parents, their income, housing, and much more are also taken into account. That is why it is important to seek the support of a lawyer who will help to take into account all the pitfalls and how to prepare for the court session.
Your benefits when you apply to one of the lawyers, the screamer law firm "Krikun and Partners", specializing in divorce:
Turning to a highly qualified lawyer, you can get professional advice, and together go through the whole complex and rife with the "nuances" process of divorce:
1. In case of divorce by mutual agreement:
· Preparation and preparation of an application for divorce by agreement of the parties and its submission to the registry office;
2. In the event of divorce in court, the lawyer will assume:
· Collecting the necessary documents that will be needed in the process of preparing the application;
· Preparation of the claim and its submission to the court;
· Accompaniment at court hearings.
In the process of preparing a claim for submission to the court, the lawyer will perform such actions as:
· Determination of jurisdiction, meaning which judicial authority should file an application;
· Collects a package of documents that will be attached to the claim as evidence;
· Calculates the amount of the court fee and makes a receipt;
· Pays the court fee;
· Take care of creating a copy of the statement of claim and applications in order to provide the defendant.
It is also worth noting that if one of the parties has a lawyer, then she may not participate in the court session, that is, in this case, the lawyer will be a representative of interests.
It is also worth noting that the participation of a lawyer is the key to a successful outcome. It is imperative to control all the nuances. It is unlikely that a person who has not previously encountered the need to go to court will be able to correctly file a statement of claim. It is also important to find out the date of the meeting, which judge will consider it and the like, if you contacted a lawyer, he will control these details.
Moreover, the divorce procedure is complicated at times if there are common children, their age, living conditions of the parents after the divorce, the presence of common property, and the like.
Turning to the lawyers "Krikun and Partners" you can be calm, because all risks and nuances that affect the outcome of the court hearings will be taken into account. Do not waste time and nerves, seek the help of a professional lawyer and give yourself the right to a normal life.
