A divorce lawyer is a professional in the field of this type of legal relationship, such as family. It may be necessary in the event that a person finds himself in a difficult situation in which his family life collapses. This is always frustrating, despite the fact that spouses can sort things out in a civilized way. Therefore, an adequate solution to the situation is in the hands of a divorce lawyer.
If you use the services of a divorce specialist, you can facilitate the divorce process morally and financially, minimize the loss of your mental and financial resources.
The law of Ukraine provides that the procedure for dissolution of marriage can be carried out both in court and without court intervention.
Citizens need to know that the legal relationship that exists between spouses can be terminated in three cases. This is when the death of one of the spouses occurs, if the fact of the death of the husband or wife is certified in court and during a divorce.
In many cases, divorces happen in courtrooms. Spouses may not explain the reasons for their decision to dissolve the marriage if they amicably and mutually agree to such action. In this case, the court only certifies the fact of divorce, but takes into account whether the interests of children who are minors are taken into account. Spouses may wish that the court session, which considers the case for the dissolution of their marriage, was closed. And they have a right to it. The marriage is considered dissolved from the moment when the court makes its decision about it.
Spouses who dissolve their marriage should be aware that such an action entails any termination of the relationship of the spouses, as regards personal relationships or property rights. Also, the desire of one of the spouses to return their surname, which he (she) had before marriage, can be satisfied.
Naturally, during the dissolution of the marriage, the spouses share their jointly acquired property. Such separation can take place, both in the courtroom, and peacefully without the intervention of law enforcement officers.
In order for the court to start considering a case on the dissolution of marital relations, it is necessary that one of the spouses file an application in the manner prescribed by law. A citizen who is interested in terminating his marriage must file such a claim with the local court in the city or district in which the defendant is registered. In some cases, such as the state of health of the initiator of the divorce, or the presence of young children with him, the court may hold its meeting at the place of residence of the plaintiff, and not the defendant. Spouses themselves can agree on the place of consideration of their divorce case, which can be carried out at the place of residence of any of its participants.
In legal practice, there are certain situations in which it is impossible to dissolve a marriage. Such a moment exists when the wife is expecting a child or the child is under the age of one year. Divorce is also impossible in a situation where the fact of conception of a child by another person is recognized. Divorce is not possible if one of the spouses is recognized as legally incompetent and his interests require legal protection.
But under certain circumstances, as mentioned above, such a claim can be brought. This happens when a husband or wife commits a legal violation against a spouse that may be qualified by a court as a crime against the other spouse or child. Even during the wife's pregnancy, there is a possibility of dissolution of the marriage if the father of the intended child is a person who is not married to the mother of the child and he recognizes this fact with the corresponding filing of an application for that. to acknowledge paternity.
Marriage can also be dissolved administratively, without the intervention of judicial authorities. Such action is within the competence of the RAGS bodies. This is possible in that case. when spouses do not have children who are minors. In this case, the spouses must be in mutual agreement about their decision to dissolve the marriage. To initiate such action, the spouses jointly must submit an application, and they may not indicate the reasons why they made such a decision. At the same time, even if one of the spouses cannot ensure his physical presence during the divorce at the registry office, he can provide an application in return for his presence, where his signature is certified by a notary. This makes it possible for the other spouse to apply at the place of residence of one of them or at the place where the marriage was registered.
But even in this case there are exceptions. Marriage relations between spouses can also be terminated by the RAGS bodies unilaterally. Even if the spouses have minor children. This happens when the other spouse is recognized by the court as missing or declared incompetent. This is allowed. If one of the spouses is deprived of liberty due to the commission of a crime, for a period of more than three years.
If there are property disputes between the spouses, they cannot become an obstacle in the dissolution of marital relations. Property disputes may, in a separate procedure, be the subject of judicial review when one of the spouses filed a lawsuit about such a case.
The competence of a divorce lawyer includes the legal support of the divorce procedure and the procedure for terminating marital relations. A divorce lawyer can be useful when a marriage is dissolved administratively, if such applications are submitted to the Civil Registry Office by spouses who do not have children at the time of the dissolution of the marriage, or when the dissolution of the marriage occurs through the initiation of one spouse.
The services of a lawyer who specializes in divorce can be used when it is necessary to dissolve a marriage due to its fictitious nature.
A divorce lawyer will help you deal with a divorce in court when one of the spouses files an application for divorce and they have children who have not reached the age of majority. He can also provide assistance in case of need to change the surname to a premarital one.
A divorce specialist is simply necessary in the case when a marriage is dissolved with a citizen of another country and when translation of divorce documents is required for court.
A lawyer who specializes in divorce can help file a voided marriage.
