Court cases on divorce and division of property are often considered separately. The claim for divorce can not be made during the wife’s pregnancy and within one year after the birth of the child. Only spouses who do not have children can apply for divorce to the Civil Registry Office. The services of a lawyer for divorce will be needed in the judicial version of the issue. Spouses can submit a joint statement of claim for divorce, but necessarily attaching a copy of the notarized contract, which agreed alimony, participation in the upbringing and determination of the permanent residence of children. After all, a lawyer can help turn to a court in the interests of one of the spouses, then the judge’s ability to establish an additional period for reconciliation is not ruled out. The spouse, who initiates the divorce in court, must decide on the surname. That is, stay on the changed surname, or return your premarital.
The family lawyer, when deciding on the issue of alimony, will pay attention to the absence of a court fee for going to court and alternative jurisdiction, that is, the opportunity to apply to one of the courts or the location of the mother or father. A family lawyer understands how to establish alimony, and most importantly, if the father is in temporarily occupied territory. For a more rapid appointment by court of alimony, you can apply in the order of the order of production, but their size should be no different than ¼ of the official income. Not so long ago, the responsibility for non-payment of alimony for more than 6 months was reinforced. In this case, lawyers can achieve the inclusion of the debtor in the public register of malicious non-payers of alimony, the imposition of administrative penalties in the form of public benefit works, restrictions on the right to travel abroad and driving a vehicle, a restriction on the right to use weapons and hunting. When changing the financial position of the payer, deteriorating health, the birth of children in a new family – the lawyer will help to change the amount of alimony through the court.
In cases of establishing a child’s place of residence, the court must be provided with the maximum amount of evidence: the conclusion of the guardianship authority, the testimony of witnesses, the income and characteristics of the parents, the certificates and letters of the educational institution, the children’s polyclinic, and the like. A special feature of judicial review of these cases is the consideration of the interests of the child. If the father has disappeared, or evades communication and participation in the upbringing of the child, there are grounds to apply to the court with demands for the deprivation of parental rights. The category of cases is extremely difficult, and the practice is ambiguous, so we advise you to entrust your questions to professional lawyers and lawyers in family matters!