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Let us imagine an old and deteriorated oil refining factory that produces petrol. This will provide you with the understanding what a divorce proceeding is.
Perhaps the cost of petrol production is already going beyond the limit.
Perhaps the factory no longer produces the petrol of the desired quality.
But it still produces petrol, which means that it functions.
Legal expert in family matters will never offer to shut down and demolish the "factory" at once. He offers only options for its restoration.
But still you have decided to shut down the factory.
When someone “green” is involved, the shut down of such a factory may result in a disaster and even lead to an "explosion". The dirt and remains after an "explosion" may damage and sometimes even destroy all factory’s components.
In this case, the task of a professional lawyer in family matters is to provide a soft "shut down of a factory and its demolition into parts". It should be done in a way, which allows to restore and give a new lease of life to these "parts".
Both the war in the divorce proceedings and reckless stop of a huge factory may destroy all of its participants.
When making a decision on the beginning of the divorce process, you should understand that the divorce proceedings in Ukraine concerns only few people, in particular women and men who live as one family, and whose marriage is registered in the state registration authorities of civil status.
At the same time, living as a family without marriage is not the basis for the emergence of the rights and responsibilities of spouses (specifically as spouses, but not family members) - and, accordingly, do not lead to the divorce process.
The religious ceremony of a marriage is not also the basis for the emergence of the rights and responsibilities of spouses, and nowadays has no effect on divorce process.
You should also understand that divorce process is always a difficult process both from moral and physical point of view.
This is a multifaceted process with a very strong emotional overtone, and it begins not in а court and even not at a lawyer. Іt begins at the point of time when one of the spouses makes a final decision to end the marriage.
Therefore, all your further actions shall be deliberated and consistent with a lawyer, since each of your subsequent action affects the outcome of divorce proceedings.
The most simple and easy option of divorce is by application to the state registration of civil status acts. It occurs in the case of a mutual desire of the couple when it has no children or property, or in the case of death of a spouse.
In all other cases, the divorce is performed through the courts.
Furthermore, there exist cases when the court considers the question not of a divorce but of an annulment of a marriage. For example, in the case of a non-compliance to the concluding marriage. In this case, the marriage is deemed to be inherently invalid. There are also other circumstances under which a court may annulment the marriage.
Lawyers of our company provide a full range of legal services concerning legal support at court, that will provide certainty in future after completion of your divorce proceeding.
Сhildren, born in wedlock, make divorce process specific.
In this case the main aspects of the divorce proceedings are questions of residence, education and the amount of alimony.
In such a case, you should understand that under Ukrainian legislation, parents are obliged to support their children until the age of majority, even in the case of a separate residence. Malicious evasion of maintenance for children entails a criminal liability.
In this case, the court shall take into consideration the material condition and health of parents and of the child, as well as other crucial factors.
The issue of children’s living is much more complicated.
In ancient times, the man always had a prevailing right to have the children live with him and to be their sole tutor in the event of part of with the woman.
However, nowadays in accordance with the law, parents are actually equal tutors of their child.
When the divorce process occurs, disputes concerning children are inevitable.
As standard courts decide to grant the right to have the children live with their mother after the divorce.
The court will consider the rights and opportunities of raising a child by each parent separately if the father declares at court his desire to have the child live with him.
At the same time, the actions related to the maintenance and upbringing of the child after the divorce, including such as guardianship, may take place only with the permission of the court. Thus, guardianship requires further confirmation of the competent public authorities on the need for such an action.
Litigation concerning children is always psychologically complicated.
The court shall consider all aspects of the issue as the disputes concerning children have an immense influence on the future of the child. The court considers the emotional balance and material well-being of the tutor.
The existence of matrimonial property entails additional activities, which are necessary during the divorce proceedings.
At the same time, the division of joint property may occur both for spouses or people who live as a family without marriage registration in the state bodies.
Furthermore, the division of such property does not depend on the divorce process and may take place before it as well as during and after it.
At the same time, it should be clear that the division of such a property concerns not only common household items, car or real estate, but it also concerns the property and corporate rights.
Based on the above, you so far understand that the lawyers or attorneys who will protect your rights and interests at court during divorce proceedings, should be experts in at least one of the abovementioned areas of law.
At the same time, you should understand that knowledge in one field of law is not enough for providing a proper protection.
There are not so many lawyers and attorneys, who have knowledge in most of the aforementioned areas of law and may independently hold a complete defense at court. At the same time the cost of their services is incredibly high.
However, the high quality defense at court that is carried out by one person, is often time-consuming. Consequently the mentioned defense is applied only with the aim to limit access to the information and provide such an access only for one person.
Therefore, in most cases, the protection of rights and interests in the divorce proceedings is carried out by several experienced lawyers and attorneys of a multibusiness law firm.
In turn, we have full authority to state that lawyers and attorneys of our law firm possess extensive experience and knowledge in creating and conducting a successful defense during divorce proceedings.
When conducting family matters, our lawyers and attorneys are studying psychology not only of the client’s opponents, but also of the judges, who consider disputes and are under the moral influence of the circumstances of the case.
Each case in the area of family law is a unique situation in which there are real people and real problems and it affects many aspects of the clients' lives. Therefore when participating in the process of family disputes, we are aware and conscious of the impact we may have on their life circumstances.
We have established a special team of lawyers and attorneys to protect your rights and interests at court. They possess extensive experience in solving unique legal cases, many of which have been published in various legal information-analytical periodicals.
Lawyers of our companies are about to give all their strength, knowledge and experience to protect your rights and interests.