- Divorce decision
- Divorce procedure through court
- Divorce decision
- Divorce with a court decision
- When does the court decision come into force?
- Registration of a divorce in the registry office by a court decision
- How to appeal a court decision?
- Family Divorce Lawyer
- Frequently Asked Questions to a Family Lawyer
On our website advokat-skriabin.com you can familiarize yourself with the topic: “Court decision on divorce” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.
Divorce procedure through court
Divorce through court is possible by filing one of two types of application:
- the claim.
A joint application is submitted if both spouses wish to obtain a divorce from their children.
Filing a statement of claim implies the unilateral desire of the spouse to divorce (divorce without the mutual consent of the spouses).
Regardless of which application is filed with the court, the next stage is the trial. After all the issues are considered at the meeting, the court makes its decision, which comes into force in a month and the marriage becomes officially dissolved.
The divorce decision is the final part of the legal process. Among the possible options for a court decision on divorce are as follows:
- to support the desire of the spouses or one of them and to dissolve the marriage;
- refuse the claim;
- give the spouses a term for reconciliation, thereby postponing the case for a certain time.
The court decision is a very important document, since it is it that is considered the main confirmation that the divorce has been achieved (in the case of a positive outcome of the case under consideration). However, it should be remembered that the court’s decision does not come into force immediately, but only after the time established by law.
Divorce with a court decision
When considering a divorce case, the court analyzes the spouses’ family situation. The main task of the representatives of the judiciary is to determine whether the arguments made by the spouses who decided to get a divorce are valid for the official dissolution of the marriage.
In cases where the representatives of the court do not see the possibility of preserving the family as a unit of society, a divorce decision is made, which later comes into force.
In a court decision on divorce, the following provisions are mandatory:
- date of marriage;
- place of registration of the union;
- the time of termination of the marriage union;
- arguments in favor of divorce;
- conclusions regarding the remaining requirements of the application for divorce.
When does the court decision come into force?
After the trial is over, the court makes its decision. The court decision does not come into force immediately. This is explained by the fact that the participants in the divorce proceedings are given time to appeal this decision.
The time to appeal a divorce decision is 30 days. Upon the expiration of this period, the court decision comes into force.
After the court decision comes into force, the marriage is officially considered dissolved, and therefore information needs to be updated in the registry office.
Registration of a divorce in the registry office by a court decision
The registry office deals with issues of divorce only in cases when:
- the spouses do not have common minor children;
- there is a mutual desire to get a divorce.
In all other cases, divorce does not take place in an administrative procedure, but in a judicial proceeding.
At the same time, it is important to know that no matter what authority the divorce goes through, upon completion of the divorce process, it is necessary to make a record of changes in acts of civil status.
If the spouses went through a divorce through the court, and not through the registry office, then the court decision on the divorce serves as the basis for making changes. Thus, immediately after the court decision comes into force, there are grounds for contacting the registry office.
How to appeal a court decision?
Whichever court makes a decision, you can always challenge it. Often, the court’s decision does not meet the expectations of the participants in the trial due to insufficient preparation for the session or insignificant experience in resolving court issues.
That is why, having received an unsatisfactory court decision, one should fight for one’s rights, having enlisted the support of an experienced lawyer in Zaporozhye.
A family lawyer will help you find a way out of even the most difficult situation. His many years of experience will tell you exactly what actions need to be taken in order for the client’s goal to be achieved. It is especially important to consult a specialist before the court decision comes into force.
Family Divorce Lawyer
For an effective solution to a divorce case, you should contact professional family lawyers.
- provide legal advice on family matters;
- will help to determine the best option for solving a family case;
- prepare all the necessary documents;
- accompanies the course of the entire trial.
Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!
If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!
The first step on the road to success in a divorce court case is to contact good family lawyers!
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Checked by Victoria on 23.06.21
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the decision of the court comes into force 8 1.02 / 4.07
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Checked by Victoria on 05/17/21