As legal practice shows, most divorce cases go through the stage of court proceedings. Usually, there is an idea that divorce through the court is a rather lengthy process, but depending on the circumstances, we can say that the terms are very short. However, we should not exclude those situations when the trial process may be delayed for a decent period. This is primarily due to the fact that one of the parties hinders the development of the case, and there is no experienced lawyer who knows what to do under certain circumstances. Kasyanenko & Partners Law Company lawyers will help you avoid such developments.
An experienced lawyer will also help you when you need to file a divorce claim correctly. The requirements not only need to be properly formalized but also prepare arguments in favor of the need for divorce. Of course, now you can find a lot of information on this topic on the Internet, but this way you will always get a template approach to business, not an individual one.
How does a divorce go through court?
Lawyers are considering two procedures:
- the filing of a claim;
- filing a joint application with your spouse.
The differences are quite simple: in the first case, the spouses do not have a common desire to divorce, in the second, they have discussed everything and agree to officially terminate the relationship. During the hearing, the court may pay attention not only to the evidence of the defendant or plaintiff but also resort to the assistance of witnesses in the case. After considering all the arguments, the court can give the couple time to reconcile or terminate the marriage immediately. If there are children in the family, their interests will also be considered in court, and the question of who the children will stay with and how the second parent will participate in their life is also subject to the decision.
It is important to note that a marriage cannot be dissolved if:
- the wife is in a position of;
- the child is not yet one year old.
However, these conditions are not categorical if:
- there is a fact of illegal actions on the part of one of the spouses;
- there is a criminal offense;
- if the child’s paternity was disputed;
- if a third party recognizes paternity.
In the latter case, the father can file a divorce claim before the child is one year old.
If the couple agrees to the divorce, the case goes much faster. The court must find out that the couple wants to break off the relationship, and that they have decided how they will raise their children. At the same time, the spouses are on the same side of the barricades and their interests should not be infringed.
Divorce proceedings in our time are not subject to state duty, now to file a claim, it is enough to provide a receipt that would confirm the payment of the court fee. The cost of the court fee for the claim is higher than if the spouses file a joint application.