How do I file a divorce petition? Many people ask this question when they understand that it is impossible to maintain family relationships and that further marriage would be against the interests of one (or both) of the spouses. The divorce process begins with the preparation of a petition and its filing with the court.
However, it is important that the application is drafted correctly so that the jurisdiction of the case is correctly determined during the divorce. Otherwise, the court will return the claim. Divorce has many features and carries with it the corresponding legal risk as each party has the right to bring an action, so the divorce process should be kept under control and legal risk should be minimized.
Do divorce cases require a lawyer?
When a married couple decides to divorce, they are required to submit a claim to the court . In the event that they do not know how to properly draw up such a document, the lawyer professionally prepares a lawsuit, filed it in court, and will even be able to represent the client in court without his personal participation. In addition to divorce, the lawyer will help: divide property, claim alimony, apply for a court to determine the place of residence of the child, determine the procedure for using joint property. In addition, the lawyer will provide other family law services.
In the event of divorce, as a rule, the question of maintenance (for children or spouse) is raised. To this end, the spouse with children submits a separate application or claim for maintenance. This can be done at another hearing in order not to delay the divorce process. Recovery of alimony is not related to the divorce procedure as a maintenance case can be opened both before and after divorce.
When the issue of division of property after divorce has not been resolved
This claim can be made either before or after the marriage is dissolved. All property acquired in a marriage is their joint property (with some exceptions). Yes, so any property acquired by either spouse prior to divorce can formally be considered the property of the spouses. Before or during the divorce process, the spouses may, by mutual consent, divide the property by entering into a notarial agreement or sell such property to third parties.
If the property was acquired in a marriage relationship, then without the consent of the other spouse, the notary has no right to provide the transfer of ownership of such property . Any illegal (without the consent of the other spouse) transfer of property ownership by one of the spouses entails the invalidation of the transaction.
What do I need to remember when applying for a divorce?
Remember that divorce is a complex court procedure that requires an individual approach to each party and is often the only way to end a relationship. Court proceedings always involve considerable stress for all participants in divorce proceedings and can take a long time without professional legal assistance from a divorce lawyer.
Divorce proceedings take quite a long time. If the divorce is complicated by additional circumstances, it becomes a particularly difficult task to carry out the procedure. Divorce proceedings can be delayed due to disagreement between the spouses on a number of issues. The divorce attorney focuses on the fact that the court may take measures to reconcile the spouses both during the preparation of the case and before the court.
In order to improve the family situation and possible reconciliation of the spouses, the decision to postpone the hearing may be taken by the court at the request of the parties or one of them or on its own initiative. However, it should be remembered that the adoption of this decision is not an obligation but a judicial law. In addition, the court may only take spouses’ reconciliation measures if one of the spouses does not consent to the divorce and there is a real chance of saving the family. Divorce should be understood as breaking family relations.
What services can a solicitor do when applying for divorce?
The services of a divorce attorney cover a full range of services to ensure that your divorce case is fully supported at all stages:
- Consultation with a lawyer, presentation of documentation for his analysis
- Preparation of documents for the preparation and filing of a divorce petition
- Representation at a preliminary court hearing (the client may or may not attend)
- Representation and protection of the client’s interests at all court hearings, regardless of their number
- Maintaining and substantiating claims
- Regular information on the status of your divorce case.
Many people find that divorce is easy, and at the same time everything is clear and that they are able to deal with it independently, without the help of a lawyer. However, this opinion is often wrong. If the lawyer involved in the divorce case, the divorce may end quickly and bring the expected results. In accordance with procedural law, the obligation to prove the circumstances on which the party bases its claims or objections rests with the party that claims or objects to the claim.