When spouses divorce by mutual agreement, it is enough for them to file a divorce application with the Civil Registry Office. If only one of the spouses expresses a desire, then the divorce proceeds only through the court in this case. The presence of children, property acquired in marriage, the pregnancy of a spouse, the presence of a child under the age of 1 year are often aggravating circumstances. If there is one of these conditions present, divorce is carried out through the court. While solving such complex problems in court, one cannot do without the help of a divorce lawyer. If you want the divorce procedure to pass quickly and your rights to be protected, address the Law Firm “Dominanta”. We will provide advice, prepare the necessary documents, arrange negotiations with your spouse, protect your interests in court.
Peculiarities of dissolution of marriage through court action
At the request of one of the parties, the family may be given a period of 1 month for reconciliation. But it happens only if there are no preconditions for violating the interests of one of the spouses or their children. If after this month the spouses refuse the decision to divorce, they have the right to withdraw the application.
The division of jointly acquired property may be carried out on the basis of an agreement between the two parties or as a result of a trial. If the spouses agree on the conditions for the division of property independently, they need to conclude a written agreement in any form and notarize it with a Notary Public. If there is no mutual decision, the case on the division of property is also referred to the court.
Divorce when there is a child
To dissolve a marriage in which there is a child, it is necessary to draw up an agreement “On the education and support of a child after the dissolution of the marriage by parents”. It is worth noting that after the conclusion of the agreement, parents will not be able to avoid fulfilling its conditions and the future of the child will also depend on them.
The agreement must indicate:
- who of the spouses the children are to stay with;
- mode of communication with the child by the parent who will live separately;
- the amount of financial support to provide the life of the child by the parent living separately.
The conditions for the payment of alimony are stipulated additionally.
The following rules apply to the choice of residence:
- up to the age of 10 – the place of residence is determined by parents;
- from 10 to 14 years old – by agreement of parents and the child;
- after 14 years old – by decision of the child.
Law Firm “Dominanta” offers the services of a lawyer in divorces so that this process is quick and painless for you, and your rights are fully protected.