Whatever the relationship between the almost former spouses would be, no matter how both wanted freedom, but the divorce process is stressful anyway. Dreaming that everything will end as soon as possible, you can make a lot of mistakes and lose more than you could with a competent approach. In this article, we will examine in detail a few common mistakes that are made during a divorce and how to avoid them.
There are situations when people decide to divorce, but for some reason, postpone a trip to court. They do not want to injure children, cannot agree on the division of common property or business, etc. Then a situation arises due to which one spouse moves to another city or even a country. No matter what friends you share and no matter how you participate financially in the life of the second half and the children – if the divorce process does not have a logical conclusion, you should not trust the former spouse. One of the spouses files a petition for divorce. Secondly, they are summoned to the meeting, and if he has not appeared three times, he is bred in absentia.
Now the question arises: where does the court send the subpoena? If the apartment is jointly owned or owned by the defendant before the marriage, he is unlikely to be discharged from it. Accordingly, the court sends the agenda to the last known address. Naturally, the spouse who filed for divorce will not say anything about this. And you can find out about your new status after a year, when not only the court decision will come into force, but also debts on alimony will grow. Thus, you risk being left without property, but with debts. You will have to spend a lot of money on lawyers to annul the divorce and prove that the former spouse knew about your location, communicated regularly and received material support.
If you’re going to move, find a lawyer you trust. It is worth re-registering for all your correspondence. Do not worry. He will not open letters from his colleague or college friend. But in this way, you will not miss the subpoenas, nor banking documents, nor any other essential papers from state bodies. A lawyer authorized to act on your behalf will not only inform you about what is happening but will also take prompt measures to protect your interests.
Even if you are 1000% sure that you are right, it is too presumptuous not to consult a lawyer. Court decisions are often far from expectations. In the divorce proceedings, the one who is better prepared always wins. For example, you know that property obtained before marriage is your personal and indivisible. Inheritance from your grandmother you got an old house in the village. Over time, this village became part of the city, and real estate increased in price.
By law, all that belongs solely to the person. But, if desired, the second spouse can prove that this property is joint in court. If during the period of marriage was overhauled with the internal improvements in housing, then this property becomes common.
The task of a qualified lawyer is to prove that only his ward funds were spent on improvements. This can be done through contracts with contractors, testimony, etc.
All property acquired by the spouses during the marriage is considered jointly purchased and subject to division. None of the parties will refuse a larger share. Arguments can be different – minor children remain with one of the spouses, or he has invested more funds in the purchase of the divisible property. Even if the second spouse did not work during the entire period of marriage, it is rather difficult to prove in court a priority right on the movable or immovable property. To win the maximum, a qualified lawyer will look for evidence that you invested the money that you had before the marriage.
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The situation with the apartment given to the spouses for the wedding, the parents of one of the newlyweds is not comfortable. From a moral point of view, the second part has no rights to it. But morality in the divorce process is too rare. Therefore, lawyers advise thinking about divorce before the wedding, no matter how cynical it sounds. A broad gesture at the celebration: “We give you an apartment” is an excellent surprise for the young. But, it is better to issue it to your child before the official registration of marriage. If parents give money for an apartment, then the fact of the transfer must also be documented, and the contract drawn up by a professional.
Voluntary alimony agreement without notarization
By drawing up a contract, it is better to connect lawyers initially. Experienced family law experts know all the pitfalls. Make an agreement taking into account the interests of both parties and ordinary minor children. This will exclude possible manipulations in the future because a voluntary agreement can be reviewed in court at any time.
A divorce is a simple event only if you have nothing to divide. In the opposite situation, it is pretty exhausting. Naturally, you can agree to solve everything without lawyers. But, if one of the parties violates the contract, the second will automatically lose. Therefore, it is better to contact the professionals immediately. This will save time, money and nerves.