The divorce by lawsuit? Divorce is a difficult moment for anyone, but when the relationship has reached a point of no return, a divorce by lawsuit can be the most appropriate solution. This type of divorce is used when spouses cannot reach an agreement about ending the marriage, transitioning to a divorce by mutual consent. You can learn more about divorce by mutual consent in our article.
What is Divorce by Lawsuit?
Divorce by lawsuit occurs when one of the spouses files a petition for divorce due to a deep and irreparable breakdown of the marriage. In this process, the court examines the causes of the breakdown and may find one spouse at fault if the other requests this. This type of divorce is appropriate when there are serious conflicts or differences that cannot be resolved through dialogue.
Divorce by Lawsuit – Procedure
The procedure begins with the submission of a petition to the district court competent for the defendant’s place of residence or the plaintiff’s, if the defendant lives abroad or their place of residence is unknown. The petition must specify the grounds for divorce and include evidence supporting them.
The court notifies the defendant, who has the right to file a response and present their evidence. At this stage, the spouses may be encouraged to attempt reconciliation through mediation, but if no agreement is reached, the divorce case moves to judicial review. During the divorce proceedings, the spouses may reach an agreement on the consequences of the divorce, which the court will confirm if the children’s interests are protected.
Fees and Costs
The fees and costs for a divorce by lawsuit vary depending on the complexity of the case. The costs include state fees, lawyer’s fees, and expert fees if necessary. The state fee for initiating a divorce case is fixed, but the lawyer’s fees may differ depending on the complexity of the case.
Consequences and Court Decisions
The court rules not only on the dissolution of the marriage but also on parental rights, child support, and the use of the family home. In the case of one spouse being found at fault, this may influence these decisions.
The family home may be granted for use to the spouse who has a housing need, especially if there are minor children involved. The court considers the children’s interests and the spouses’ housing needs when making its decision. In some cases, if the property is owned by one spouse, the other may have the right to stay there.
Important Moments to Consider
A divorce by lawsuit is a complex and emotionally taxing process. It requires detailed knowledge of the law and the ability to present compelling evidence before the court. Additionally, issues such as the use of the family home, child support, and parental rights can be sources of significant disputes. It is important to bear in mind that every step of the process can have consequences on the lives of the spouses and children.
Need for Professional Legal Assistance
Legal assistance from an experienced lawyer is essential in a divorce by lawsuit. A lawyer can provide peace of mind during the divorce proceedings, represent your interests in court, and protect your rights. A good lawyer will guide you to the best possible solutions and minimize the stress and uncertainty associated with the process.
Conclusion
A divorce by lawsuit offers an opportunity for a fresh start, but it is important to approach it with care and preparation. With the support of an experienced divorce lawyer, you can handle the challenges and protect your rights and interests. You can receive assistance from a lawyer in divorce matters with us. Reach out to us so we can help you make the right choice and navigate this difficult process.
You can contact us for consultation and assistance on any divorce-related matters. Our lawyers have extensive experience and an individual approach to each client.
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