Legal Considerations When Considering Divorce

Divorce is something that nobody would want to go through. But when there is no other option than divorce, the best thing is to end the relationship on the best terms, especially when there are children involved. The moment you decide to divorce, many doubts arise about what needs to be done. Between sadness, anger and other feelings, you do not know what to do or who to turn to.

Here are some recommendations that will surely be very useful in this process:

Attorney’s Choice

Look for you to be recommended by someone close to you, with good references of your work. Unfortunately, as in all professions, you can find lawyers who lack professional ethics and advise you to engage in an endless fight for the custody of children, the distribution of property, etc.; he may even advise you to accuse your former partner of crimes he did not commit, in the manner of revenge. In short, stay away from lawyers like that, and always look for the human and ethical side, because what you want is to end up with a problem as well as possible and not generate a bigger and more uncontrollable one.

Know your rights

Your lawyer is a guide that will tell you what procedures to follow, but you also have to know what you are entitled to, you should know about the laws and codes that apply in your country, be clear about the regime under which you married. It is called a conjugal partnership or separation of assets; in the case of the first one, as the name implies, the company is dissolved, therefore real estate, automobiles, bank accounts, etc., will have to be shared equally; in the separation of goods, each person keeps what he acquired without having to share it with the former partner.

Children

Another important point that is linked to the previous one is that of the children. When it comes to the custody of the children is immediately given to the mother, as well as alimony, in case she does not have economic support for the child (ren). Alimony covers several aspects: education, food, clothing, footwear, medical matters. The father will have a regime of visits and coexistence in accordance with the activities of the children. This is what usually happens in the courts. At present, however, there is a figure that is called shared custody, which means that both parents keep the custody of the children, promoting that both are closer to the children and not only limited to the mother who stays with them and a parent who visits them every week or fortnight. This option seems to be the most appropriate, since it opens the possibility that children have their parents present at all times of their lives, and with this, it is less difficult to divorce.

In principle, each parent is obliged and entitled to deal with their own child. Concrete regulations can be made about the duration of the visit, certain days of the visit, distances as well as the circumstances of picking up and bringing, but also a right of contact of grandparents, the distribution of costs or the case of the departure of a parent.

Points of inheritance law must also be taken into account in the divorce agreement. In any case, regulations on existing inheritance contracts and spouse’s wills must be included in the contract. However, it is also conceivable, for example, to make dispositions under inheritance law in favor of divorced persons (insofar as this makes sense in the overall arrangement).

Irrespective of the advantages of a divorce settlement over a dispute before a court, even a contractual settlement cannot hide conflicts. Complex arrangements are often necessary in order to achieve a mutually beneficial result. Our lawyers and divorce lawyers also use elements and principles of mediation to develop sustainable solutions.

It is important in the context of an agreement on the consequences of divorce that it withstands legal review by the courts. That is why legal advice is indispensable. Our team of experts takes into account not only the particularities of family law when drafting the divorce agreement, but also tax and commercial law aspects.

If you are considering a divorce, you should also consider the legal, financial and other implications. The financial conditions are likely to change for you and your current partner. Ideally, I will help you to conclude a divorce settlement agreement or a divorce contract with your spouse. In particular, the following must be clarified:

Preamble:

For a divorce, certain conditions must be met. Under US law, a marriage can be divorced if it has failed. This is the case when the marriage community no longer exists and, moreover, is unlikely to be restored. The court checks if the marriage has failed. The proof is generally the circumstance that the spouses at least

• live a year apart and both agree or divorce
• live separately for three years, even if one of the two spouses refuses to divorce.

In essence, these are divorce conditions. These separation periods serve above all to counteract frivolous and premature divorce decisions. Spouses live separately if a spouse leaves home or there is no “domestic community” between the partners. The domestic community no longer exists even if the spouses make the separation within the common dwelling. This presupposes that they no longer have a common household and that they no longer have any significant personal relationships – for example, they sleep in different rooms and cook separately. The separation period is also taken into account when the spouses live together again for a reconciliation attempt over a shorter period of time. If a marriage has failed, there are cases of hardship in which the family court can refuse a divorce, such as

• if, for special reasons, it is exceptionally necessary to maintain a marriage in the interest of common minor children, or
• if the divorce was a severe hardship for a spouse due to exceptional circumstances.

These cases are very rare in practice.

Care:

Regardless of separation and divorce, the common duty of care for the children remains. Even if the relationship of adults broke up, they are still responsible as parents and take on important educational tasks together. For example, parental responsibility includes the supervision of the child’s assets. If the parents agree to the common custody, no decision by the family court is necessary.

If children are victims of domestic violence or neglect, the youth welfare office or a parent at the family court can encourage the restriction of custody. The family court can deprive the parents of the custody and transfer to another person or the youth welfare office. This is particularly the case when children are neglected and neglected when parents do not fulfill their children’s basic needs for food, clothing, cleanliness or when they do not fulfill their duty of care and supervision, but also when a parent abuses or misuses children. If children are threatened with negligence, the family court must immediately bring about a solution. The impetus comes mostly from the youth welfare office, or it relatives and neighbors come to court. Even without a petition, the family court is then able to expropriate custody of all or part of the custody of the parents or a parent. However, this decision may only be taken by the Family Court if the child is acutely endangered physically, mentally or emotionally. If it is clear that the parents are willing and able to avert the dangers themselves, they will be given the opportunity. The same applies to the right of residence, which is a special aspect of custody: if the youth welfare office has to take care of children without their parents consenting,

Whether married or not, if the parents live permanently separated, the family court may, upon request, transfer the parental authority or part of it to the mother or father. For this, no divorce proceedings must be opened.

If a marriage affair of the parents is in court, the family court dealing with it is also responsible for the custody proceedings. The walk to the family court should be the last step. It is better, you seek from the outset a friendly solution. The youth welfare office is at your side.

An application for transfer of custody is generally made by the Family Court if both parents agree. Children sometimes disagree, and the court must always take these into account. Young people from the age of 14 can appeal against a decision. If both sides cannot agree, then the family court will decide which regulations best suit the best interests of the child. If necessary, only part of the care is transferred to the other. It would be conceivable, for example, that mother and father are arguing about who the child should live with, but otherwise, they are ready to help. In extreme cases, the court may have further interference with the power of the parents. It is conceivable, for example, to arrange educational aids, Quarrels often exist about who the child should be during the breakup. The court may separately decide on the right of residence as part of custody.

Visitation rights:

The parent with whom the child usually resides has the right to a sole decision in matters of daily life. In matters of considerable importance to the child, parents must agree with one another. If you can not find a suitable way of dealing with your child, you should first contact the youth welfare office. Experienced staff will give you advice and support. However, both the mother and the father can apply for sole custody of the family court. Even if a child usually lives with only one parent after a separation, it has a right to see the other parent and spend time with him. Only if it is necessary for the benefit of the child, the Family Court may, upon request, restrict or exclude the right of access of a parent or a third party.

Separation keep:

If the spouses live separately, they are entitled to poorer maintenance. The extent of so-called separation maintenance depends on the living conditions, the acquisition and the assets of both.

If you and your spouse disagree about the payment, then the spouse under maintenance obligation should be asked at that time to provide information on income and assets and to provide adequate support. If in doubt, it is advisable to consult a lawyer at an early stage.

After separation, the spouse with less or no income is entitled to monthly maintenance from the better-earning partner. Separation maintenance can be required from separation to final divorce. Usually, after about a year after the separation, the wife is required to either work or to extend her existing part-time job.

The separation fee to be paid can be calculated here on this page online for a fee.

Maintenance after the divorce:

Divorced spouses have to provide for their own livelihood, one claim against the other exists only under certain conditions. For example, the caring parent may require caring support from the other for care or education of a common child for at least three years after birth (in some cases longer, if required by the child’s needs). After the final divorce, according to the regulations after the maintenance reform on January 1, 2008, the obligation now to take care of themselves. According to the practice of the courts, most post-marriage maintenance claims are limited in amount and limited in time, unless the spouse can not or can not fully self-finance for special reasons. Such reasons include, for example, parenting,

You can make arrangements with your spouse to determine the amount and modalities of alimony payments. A complete waiver is only effective if you and your spouse have been demonstrably informed about the far-reaching consequences. For this reason, you must have a notarial record of maintenance agreements before the divorce, or you must conclude a court-ordered settlement.