Often divorce becomes a so-called civil case: most couples have to divorce still not in the walls of the registry office, but in court. The legal procedure for divorce consists of its nuances and subtleties, knowing which, you can significantly facilitate your life in such a case. You can achieve the goal with minimal casualties. You should clearly realize: after the court decision is passed, it is no longer subject to change. However, it is always possible to influence the course of the process. How can this be done? First, you need to write a statement correctly, clearly, concisely and reasonably. Secondly, it is correct to behave in court. This is, perhaps, two decisive moments.
WRITE A STATEMENT
As a general rule, claims for divorce are made at the defendant's actual residence or in the court of the district where he is registered. The defendant is the person with whom you are going to dissolve the marriage. If he lives in another city or his place of residence is unknown, the claim is submitted to the court at the place of residence of the plaintiff. In this case, the court is obliged not only to accept the statement of claim, but also to declare the search of the defendant through the bodies of internal affairs.
To apply to the court, you need the following documents:
■ Statement of claim for divorce;
■ certificate of marriage;
■ birth certificates for children (copies are possible);
■ certificate from the place of residence;
■ certificate from the place of work;
■ If both spouses agree to a divorce, a statement from the defendant about his consent;
■ receipt of payment of state duty.
In the statement, clearly explain why you can not live specifically with this person (separation, lack of marital relations, the presence of "outside" another family, etc.).
START! THE COURT IS GOING!
So, all documents are collected, the application is submitted, the day of the meeting is appointed ... Much depends on your behavior at the court session. Some people mistakenly believe that if they are tearful in the court or are in a precarious state, the process of divorce will be more successful. That this will determine the judge's decision to divide the property in their favor. It's not like that at all! It is necessary to remember that the judge has to work with the facts, and in no case with emotions. He may even consider your emotional outburst and tears as an attempt to "exert pressure" on him. In addition, the judge's excessive emotionality can be caused, as in a person who works exclusively with facts, a suspicion, whether you have any mental abnormalities. Clearly, the recommendations "to remain in the process of divorce by a court decision calm and cold-blooded" in most cases is impossible, especially when important material disputes or the fate of children are being resolved. If the divorce is confusing, you are afraid that you can not cope with your feelings and at the same time you have at least a little material means - it is better to invite an attorney.
LAWYER - WHY HE NEEDS
Choosing a lawyer is much more difficult than you might think at first glance. Of course, your right, by shaking your wallet, to invite one of the luminaries of the bar to conduct business. But keep in mind that for him the procedure of divorce by court decision will seem absolutely not worthy of attention, if we compare with those extensive processes that existed in his practice. Thus, for your own money, you risk getting the job of "lowering your sleeves" in the person of a lawyer. It is necessary to remember: not the most expensive lawyer - not necessarily incompetent and untalented! For example, an intern student (although this, of course, is also an extreme) for a not very large fee, great success can be achieved. Such a "layman" will not be for fear, but for conscience "digging the earth". As an example, it is enough to recall the girl-lawyer from the film "Mimino", who did what no one expected from her. In such a seemingly hopeless situation, she achieved her goal, or rather, her client's goal. It is best to invite a lawyer from the so-called middle level: a certain experience, but not conceited, to whom your divorce procedure does not seem trivial. Of course, a lawyer must be a qualified specialist. No less important criterion is whether he was able to inspire confidence, whether he is pleasant to you. It is especially important that sympathy and trust are mutual. Where can I get a lawyer so that he can afford it, and to his liking?
■ In law offices or government legal advice. Start with a phone call, only then get acquainted with the likely partner.
■ On ads: in newspapers (especially legal subjects), on the Internet, on free advertising, which is put in a mailbox. Despite the prevailing opinion in society, one can find a reliable partner from these sources.
■ Thirdly, through acquaintances. Just do not find out about the divorce specialist - just ask about a lawyer. Even if this lawyer does not handle divorce cases, take the trouble to take his phone - perhaps he will recommend you to his colleague.
At the very beginning of work with a lawyer, explain to him what you would like to write in the application and what you want to receive as a result of the divorce. However, it is not necessary to explain the motives of your desire. For example, you say: "I want to sue the apartment." And no lawyer will not ask why you need it or how you are not ashamed to leave your wife without property. The lawyer will build your strategy based on your wishes. Therefore, think it over well. Take into account that the lawyer can advise you to moderate appetites: he is not omnipotent, and some of your requirements may contradict the law (be afraid of lawyers who promise in principle unrealistic!).
MARRIAGE CONTRACT
What can "sweeten" your life during a divorce is a marriage contract. In essence, this agreement on the division of property. No wonder Hollywood wisdom says: "You have to be crazy to marry or marry without a marriage contract." Today, lawyers around the world recommend such a form of document, which separately establishes the regime of ownership and for the period of marriage, and if possible, a divorce. When, for example, a wife managed not to work during the marriage, but only to manage a household, then after divorce her situation can be very difficult. To avoid this, it is possible to include in the contract such an item: "In case of divorce, the property of the wife becomes the property: real estate, equipment, jewelry."
WHEN THE STARS ARE STRAIGHTEN
• Expensive divorce of Michael Jordan - he paid the former wife more than $ 150 million. On the second place on the amount of the payment of the compensation bothersome wife - Neil Dayamond. The divorce with Marcia Murphy cost him 150 million. Steven Spielberg's ex-wife Emmy Irving was satisfied with the amount of 100 million Kevin Costner divorce cost 80 million, and James Cameron - 50 million.
• Jennifer Lopez, when she married choreographer Chris Judd, did not bother to sign a marriage contract. The result was that after the procedure of divorce by a court decision she had to pay Judd $ 6.6 million so that he would not tell the press about the intimate side of their relationship. In other words, every month of family life cost about 750 thousand dollars.