A divorce is initiated by an agreement between the two spouses or a lawsuit
filed by one of them. Jeff
Reisman Law
is here to explain you the process of
getting a divorce and how does the procedure go.
A divorce is initiated by a lawsuit by a spouse or by a proposal of both
spouses for a consensual divorce.
A husband is not entitled to a lawsuit to divorce a woman during the pregnancy
of a woman, and until the child has completed one year of his life.
Spouses may agree on the following legal consequences of divorce; the place of
residence of a child, a family home or apartment that will represent a family
home, a way of exercising parental care and the realization of personal
relationships with a child, maintaining a child, arranging property relations
and supporting a spouse.
The marital partner agreement concerning joint minors and children incapable of
work is part of the plan for joint parental care.
Divorce of a person deprived of business ability
The right to a lawsuit for divorce, or a proposal for the consensual divorce,
has a person deprived of his / her ability to work in the part relating to
personal status.
In the course of the procedure, the court will allow a person to be deprived of
his / her ability to work in the part relating to personal situations, to take
certain or all of the actions in the procedure on his own, whether he is able
to understand the meaning and legal consequences of those actions.
Mandatory consultation
Married people who have joint minor children shall be obliged to take part in
the mandatory counseling procedure conducted by the social welfare center
before the initiation of the divorce proceedings.
The purpose of compulsory counseling is to get acquaintance with spouses with
the possibility of sending them to a family counseling, to get acquainted with
the legal and psychosocial consequences of divorce, referring to the welfare of
the child when making decisions in a divorce, informing about the development
of a plan for joint parental care and the possibility of providing professional
assistance in drawing up a plan, and getting to know the possibility of family
mediation.
Family Mediation
Family mediation is a process in which spouses participate voluntarily, and
seek to resolve a dispute from family relationships by mutual consent. The main
purpose of mediation is to draw up a plan for joint parental care. In the
process of mediation, parties can also agree on all other disputed issues of
property and non-financial nature.
If spouses who have joint minor children have not reached a plan for joint
parental care in the mandatory counseling procedure, they are obliged to
participate in the first meeting of family mediation, except in the case of
allegations of the existence of family violence and the assessment of the
inability to participate in the family mediation procedure equally.
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