Divorce and everything related to it
Documents needed to start a divorce case that must be submitted to the court are:
- divorce petition
- shortened copy of the Act of marriage
- abridged copy of the children's birth certificate
- certificate of earnings of the claimant
Evidence is attached to the petition, which is presented to the court during the divorce hearing. The divorce petition template itself can be downloaded from the Internet or you can ask a lawyer for help in creating it.
If both parties agree on the divorce, the court may refrain from adjudicating on guilt. In the case of a divorce case with adjudication of guilt, the court decides whether the fault lies only with one of the spouses or both are to blame for the breakdown of the marriage.
There are 3 stages to a divorce case. The first is to file for divorce with the court. After the application is filed, the court initiates the divorce process, after which the other spouse receives a copy of the application. After the defendant's response, the plaintiff (i.e. the person filing the lawsuit) may change his position or remain with the previous arrangements. The second stage of the case is the trial and taking evidence. During the trial, the spouses present their arguments, supporting them with evidence. When a married couple has no common children, the court is usually limited to questioning only the spouses. However, if the spouses have common minor children, the court hears witnesses, uses a psychological opinion concerning the children, and analyzes the environmental interview. The end of a divorce case is when the court closes the case and pronounces the judgment. The parties may also appeal and appeal to the court II. Instance, if they do not do so, the judgment issued by the court becomes final.
The divorce petition presents all the evidence taken at the trial. They confirm the claims as well as the reasons for which the divorce took place.
The culpable reasons that must be supported by evidence include:
- refusal of sexual intercourse
- leaving a spouse
- alcoholism, drug addiction, gambling
- violence, aggression, threats
- infidelity
- neglecting family and home responsibilities
- unethical conduct
The causes that are not at fault, which are also supported by evidence, include:
- mental illness
- other diseases
- differences of character (here most often the testimonies of witnesses)
- sexual deficiency
Evidence of guilt includes police reports, forensic examinations, sobering-up records, drug treatment certificates, hospital records, evidence of infidelity collected by yourself or by a private detective, and medical certificates.
The court decides on parental responsibility over a common minor child. In the adjudicating judgment, the court decides on the parents' contact with the child and decides on the amount of costs incurred by each of the spouses for the child.
Determining the maintenance obligation during a divorce is necessary. To obtain maintenance, a claim for maintenance must be filed with the District Court where the defendant resides. The lawsuit states the amount of alimony and presents justified needs. You should also make a list of your monthly expenses for housing, clothes, food, school, etc.
