Divorce. Child Custody. Alimony.Mrs Kasatkina-Kouskou Svetlana’s law office provides qualified legal support in resolution of family litigations regarding dissolution of civil or religious marriage. The rhythm of social life and the everyday professional and financial obligations are not the only problems that might lead to dissention in relationship of spouses and to their spiritual and physical discrepancy. For the dissolution of their marriage the adjudication will be needed. The participation and support of a lawyer play the decisive role for the result of the divorce process. The lawyer will help you to take the right decision, will deputize and stand for your interests. Besides that the great advantage of the qualified legal help during the divorce is the legal analysis not only of a situation, but also of possible perspectives of the future judgment. Dissolution of Marriage:
Dissolution of marriage with dispute: If there is not a mutual agreement between the spouses regarding divorce, then a lawsuit is inevitable and the only possible decision. Litigation might be initiated as by one, so by both of spouses, owing to weighty reasons and family contradictions, that ensue from one or both of them. The law limits suppositional reasons that cause the divorce if the other spouse will not prove the opposite. Such reasons are the following: bigamy, adultery, separation, threat to life, family violence. The divorce by the mean of the lawsuit may be required by one of the spouses in a case of separation for two years and more (so called automatic divorce). This cause is irrefutable for dissolution of marriage, where a lawsuit may be filed even by the party that caused it. The competent court for adjudication is a District Trial Court that belongs to the area where a defendant resides or where was the last place of cohabitation of the spouses while having their contradictions. Dissolution of marriage by mutual consent: If the spouses came up to a reciprocal decision about their divorce, there follows a procedure of the dissolution of marriage by mutual agreement. The spouses apply through their solicitor. The application is being considered within 2-3 months when during the process of voluntary jurisdiction, at one-time hearing, takes place the divorce. Apart from the mutual agreement between the spouses there supposed to be the minimum duration of the joint life which in appliance with the new law 4055/12 established for six months. In the presence of minors the formalization of the divorce by mutual consent is possible only when the additional written agreement between spouses is signed. This agreement has to regulate custody, alimony and communication with minors. The judgment regarding custody, communication and alimony for minors is enforceable and empowered by a judicial decision. The competent court for the hearing of action for dissolution by mutual consent is a District Trial Court that belongs to the area where the last place of cohabitation of the spouses, or the place of residence of one of them, is situated. Right to alimony: The civil code, pursuant to Article 1485, provides parents and children to be reciprocally obliged to pay the alimony. The alimony is a aggregate wealth that will be considered necessary to meet the daily minimum human requirements related to daily life of a person as well as to their education. In obedience to the law the right for alimony is available for those who is not able to ensure themselves through their property or employment according to their age, health condition or any other living conditions, also taking in account the need of education. Child support: Regarding minor children the law provides that even in case of property ownership they still have the right for the alimony paid by their parents given that the income from their property, or from manufactured products, are not enough to cover their needs. The amount of alimony for a minor will be based on the basic needs of a child including domestic and educational needs. According to law the alimony for a child support is to be paid monthly and to cover the expenses for food, accommodation, electric power supply, health care, clothes and foot wear, transport, communication, pastime (amusements), sport activities, educational costs such as school payment, and any other expenses associated with a school or a high school (in case of an adult child). Alimony to support the spouse: In accordance with the law during the period of marriage the spouses, each by their ability, are required to contribute to meet the family needs. However if one of the spouses had to terminate the joint marital residence for a weighty reason, the alimony from the other spouse will be paid monthly in advance. So, the prerequisite for the alimony is the termination of coexistence of spouses spiritually or physically. And it will be considered quite a weighty reason. The weighty reason is the one that disrupts the marriage and is the reason of divorce though there may be other causes such as gambling, drug addiction, neglect, etc. The amount of alimony assigned to be paid by one spouse to another is regulated by the Article 1442 of the Civil Code. If one of the spouses is not able to provide his or her own needs from their own income or via their property, he or she has the right to ask for spousal support from the other spouse in the following cases: – if during the dissolution process, or during the period limited for next cases, a person is in age or health condition that do not let him or her forcedly to start or to continue their work for providing their existence; – if a person is a guardian of a minor child and thereby has difficulties to work; – if a person cannot find a permanent suitable job or has a need of a professional education; – in any of the above mentioned cases and for the period not exceeding three years since the divorce decree; – in any other case when the alimony assignment by the end of dissolution process is necessary to ensure fairness. The amount of alimony is defined in accordance to needs of the spouse, her or his current economical situation or any other conditions, the presence or absence of minor children, etc. The adjudication for assignment of alimony and its amount is made by the Court. Child custody The guardianship of a child defines their upbringing, education and place of residence. It is a right and a duty of both parents, who must act jointly. Custody of a child is a part of his or her nurture that deserves greater emphasis, as a matter of a vulnerable part of a minor’s life and his or her needs during this period. Parents should be honest and emotionally mature to make reasonable decisions regarding their children. The competent court that has a jurisdiction to assign and adjust child support, in case of divorce or termination of cohabitation, is a district trial Court. During adjudication regarding child custody the Court will be guided by the interests of a child. The Court will review the abilities of parents, an environment in which a child is supposed to be brought up, a professional activity of parents and other factors that will influence the appropriate development of a minor. After adjudication a parent, assigned a guardian, will be the one who makes decisions concerning the daily care of a child, but not the decisions that require participation of both parents, such as child’s name or faith preferences. Back |
