Although the concept of family law covers marriage, cohabitation, kinship and guardianship, most seek legal aid in actions brought for the dissolution of marriage. In these actions, I undertake to prepare and countersign the agreement between the parties, to submit the statement of claim or statement of defence. I also provide legal representation in actions for maintenance payment, settling or amending the exercise of parental custody, and the placement of a child.
I provide full information to the clients who turn to me about what issues need to be agreed in an action brought for the dissolution of marriage and what issues the court will decide. In each case, I try to reach an agreement between the parties on the so-called additional issues. These are the following:
When we talk about a divorce with agreement, the process of dissolution of marriage is relatively simpler, faster, and more humane. If the agreement is reached, I prepare a document on this, which I file in the court at the same time as the statement of claim. In this case, the court may dissolve the marriage even at the first hearing, assuming that the spouses confirm that their marriage has completely and irretrievably broken down, reserve the terms of the submitted divorce agreement, and do not have a common minor child. If there is a minor child, the court sets another hearing. At the new hearing, if the parties confirm what was said earlier, the court dissolves the marriage.
If the spouses are unable to agree on the issues detailed above, a so-called fact-finding divorce procedure will take place. In this case, the court must find out the reasons leading to the complete and irretrievable breakdown of the marriage. In such cases, the judge specifically discovers the individual disputed matters, may interview witnesses, may appoint experts, and even may summon the common children to the hearing. It is clear that this procedure is not pleasant for either party. Not to mention that a series of hearings lasting up to years can be expected, of which the costs will be paid by the parties.