Family Law

Divorce Suit, Child Custody in Divorce, Paternity Suit

Divorce Suit 

How to file a divorce suit: A divorce suit is filed with family courts or civil courts of first instance in the absence of family courts in a jurisdiction. Divorce Suit Costs, Application fee, advance fee, similar fees, and the advance on expenses must have been deposited. 

How much is the Attorney’s Fee?

Attorney’s fee varies by the pending place of action and the contested or uncontested nature of the lawsuit between the parties. In addition, bar associations determine and publish certain average fees every year.

How is Division of Property Done?

Division of property is done through a special calculation method that factors in the duration of marriage and the manner of payment of the cost of the marital properties purchased. Spouses have fifty-percent standard right on the marital property, which may vary by the manner in which the cost of the properties acquired was paid.

What are the Spousal Supports that a Spouse may be Asked to Pay?

Alimony and child support. These vary by the economic conditions, incomes and expenses of spouses.

Fraud and Hidden Assets 

In case one of the spouses is likely to hide assets, the other spouse may apply to court and ask for restriction of the right of disposition of the spouse. It is possible to file a separate action for determination of the assets sold or transferred prior to the divorce suit.

Child Custody in Divorce 

Child custody is a form of representation. It involves, among others, the rights to protect, care for, decide on education and upbringing of the child. The court considers the best interests and age of the child when deciding on who will get the child’s custody. As also seen in the precedents of the Court of Appeal, the custody of children aged 0-3 is given to the mother. Regarding older children, the court exercises its discretion more effectively based on the best interests of the child. 

How Long Divorce Suits Last?

This varies by the contested or uncontested nature of the divorce. Due to the exchange of petitions that takes time, contested divorce cases may take relatively longer to conclude compared to uncontested divorce cases.

Recognition and Enforcement Lawsuits 

Recognition and enforcement lawsuit is the type of lawsuit that must be filed by individuals to enforce court decisions made in foreign countries.