Useful Tips

8 tips from divorce lawyers on how to divorce easily, elegantly and profitably

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Maybe your lawyer can offer him to give the car peacefully. He will say that you can easily divorce him without any complaints if he gives the car away. And if not, then you will sue and ex will spend a lot of money on lawyers, more than the car is worth.
Since you have a free lawyer, you have nothing to lose. Be sure to include Afidavit in the case - it will depend on the judge.

Good luck, everything will be fine!

snezhanka
Vasilisa the Wise
  • Personal section

Registered: Jul 13, 2009 6:20 AM
Messages: 217
From: Kyiv-Houston
Irina72
Goddess of Wisdom
  • Personal section

Registered: Nov 25, 2008 09:21
Messages: 6829
From: Murmansk, RU - Kherson, UA - Sevastopol, RU - Michigan - Florida
Natasha
Goddess
  • Personal section

Registered: October 20, 2002 04:03
Messages: 275
From: Ttyda

Of course you can ask for everything, but who will beat it out? Do you have a lawyer? They’ll just divorce you in court. The marriage is short term, your child is your own.
There is an example, a lady divorced a lawyer in a short-term marriage, it lasted for years, the result - I knocked out very small alimony for a year in my opinion. But the lawyer should be very much (((

Something I seem to have completely forgotten how to read Russian. How can you earn an expensive lawyer by earning just $ 43K a year? Or even at least even cheap? I earn more than 2 times and I think if I should have, I would not have pulled to go to an expensive lawyer. But this is a retreat. I started with my husband after 16-17 months after arriving in the USA. I paid for everything myself, without his presence (there was a restraining order), so as not to mess with him, I didn’t ask anything, I was 100% independent, rented a luxury apartment. Razdov cost me three thousand. It took maybe a month 2. The lawyer did everything herself, through the courier, they sent papers for signature to her moron husband. I didn’t even see him during the process. In short, I think that if I started raising questions to support me and that he signed aff />

Natasha
Goddess
  • Personal section

Registered: October 20, 2002 04:03
Messages: 275
From: Ttyda

No, Snezhanka, affidavit of support are signed in order to confirm that while you are married to him, you will not ask the state for anything. That is, the government covers his ass so much. At the end of the marriage, no one has any obligations to anyone (with the exception of long-term marriages and with children). Marina is right, you need to negotiate with him and ask for alimony. Maybe agree?

Not quite the way you write. In the affidavit itself, the responsibilities of the sponsor are clearly spelled out:

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:
-Becomes a U.S. citizen
-Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act,
-No longer has lawful permanent resident status, and has departed the United States,
-Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required, or
-Dies.
Note that divorce does not terminate your obligations under this Form I-864.

That's right, divorce is not a reason for withdrawing obligations. Until you obtain citizenship, or until you work in the USA for 10 years (40 quarters), or until you die, or until you are deported, he is obliged to help you. I myself signed this when I brought my mother, until she obtains Amer citizenship, I have no right to ask Amer for any help to my mother, even insurance, that comes from the US federal budget.

1. Be 100% confident in your decision

Divorce is always a traumatic event, not only for you, but also for your spouse, children and, in a sense, even relatives. Therefore, before you get things going, make sure of two things:

  1. You did everything you could to save the relationship.

This is absolutely necessary so that later, when emotions subside, and resentments recede into the background, you should not lament that everything could be fixed. Think: did you try to talk openly with each other? Turned to a family psychologist? Have you tried to expel your own demons? If you come to the conclusion that all attempts to change something have already been tried and have been futile, then the complex divorce process will be more manageable for you.

  1. This is a balanced decision that will lead to quality changes in your life.

Between trying to just get away from the problem and trying to make your life better lies a huge chasm. Rushing fleeing rashly, you are likely to bring on yourself even more problems and do not learn to learn from your mistakes and past life situations. If you have all weighed and have come to the conclusion that marriage, for some good reason, makes you a deeply unhappy person, act in the name of a happier and fuller joy in life.

2. Accept that this is the only right way.

Of course, during a divorce there are days when everything seems unbearable and you want to hide, forget, be distracted. But understand that this is the worst moment in order to do what many resort to, being unable to cope with their feelings: some begin to be "treated" with alcohol, others with all kinds of medicines (from harmless to very dangerous), others come into communication (including sexual) with the wrong people.

Each of these options can help you temporarily feel better. But still this is self-deception, and later you will have to pay a high price for such weaknesses in the form of larger troubles. In an hour of despair, remember the work that you did on yourself in paragraph 1: you have already done everything in your power to save the marriage, and you came to the conclusion that it is impossible to save the relationship. Remembering this, take for granted the fact that the only right way is only forward.

3. Prepare the folder with the necessary documents

The more organized you are, the higher the likelihood that you will terminate the marriage with the most acceptable result for you. One of the best and easiest ways to do this is to start collecting documents. Fairness and accurate information are the main components of a fair trial, so collect in a folder any papers that may have at least the slightest significance during the divorce proceedings. Organize your documents so that you can easily navigate them.

You also need to evaluate the property, and preferably before you go the different ways. As a rule, during a divorce, almost any property becomes the subject of controversy, and it is even more difficult for spouses to count on its honest division, if they do not even know the amount of the issue. A reasonable decision would be to hire a specialist in this field.

4. Keep in mind that the most expensive lawyer is not always the best.

The choice of your lawyer must be approached with extreme caution and wisdom, since it is he who can set the tone for the whole divorce process. Remember that he must not only be an experienced professional, but also become your friend for the duration of the whole affair. More precisely, it is understood that a good lawyer should not only advise you on what to do, but also listen to your opinion and respect your position in the negotiations. Therefore, the high hourly rate does not guarantee that the specialist will take into account your every desire.

Also, feel free to take advantage of the free legal advice. Many lawyers provide this opportunity, and this allows you to look at several options at once, which makes the probability of the right choice even higher.

Divorce in Germany without a lawyer

In Germany, divorce without a lawyer is not possible. But saving on lawyer services is real!

How to minimize costs will be discussed below. In the meantime, let's fix the idea that in Germany, at least one human rights activist needs to divorce. This norm is provided by German law because of the special importance of the institution of the family. For spouses, divorce is a special turning point in life. Since the divorce, their status has changed dramatically, both legally and economically.

The law obliges lawyers to be involved in the process. They explain the consequences of divorce and legally accompany the future divorced until the end of the case. Disputes are often associated with great computing and research efforts. Since the legal situation for ordinary citizens is rather confusing, the help of a qualified lawyer is indispensable for the benefit of the participants themselves.

Such participation by lawyers is provided for in § 114 of the Family Matters and Voluntary Jurisdiction Act (FamG).

Divorce only in court

The second is not very good news that in Germany, divorce is possible only in a family court. Family judge decides on divorce (Scheidungsbeschluss). Not to be confused with a divorce judgment (Scheidungsurteil).
In some other EU countries, an out-of-court procedure is allowed, for example at a notary public (France). Discussions are underway in the German legal community about exemptions, but the law remains the same.

Saving on expenses of divorce proceedings without a lawyer

On the lips of the high cost of divorce cases. This is not entirely true. Let's look at the cost of the divorce procedure in more detail.
Of course, that the termination of the relationship in court entails legal fees and associated costs, including and lawyer services. Regardless of whether you are divorcing your spouse in a dispute or by mutual agreement, legal costs and attorney fees cannot be avoided. The fee of a divorce lawyer is regulated by the Law on the Remuneration of Lawyers (RVG).

How to get a divorce certificate and reduce costs?

To file an application for divorce in a family court, a lawyer must represent at least one of the spouses. The application for divorce (Scheidungsantrag) is submitted to the court exclusively by the divorce attorney.

When divorcing by mutual agreement, the following option is possible. If the other spouse agrees to a divorce and does not have any claims (for example, the division of property or alimony), this second spouse may refuse legal protection. For him, in this case, it turns out divorce without a lawyer.

If the spouses want to divorce by mutual agreement, it is enough that only one spouse is represented by a lawyer.

Consequently, the requirement of representation by a lawyer is implemented for the spouse, who files a divorce petition in court. The other spouse does not need a human rights activist if he gives the go-ahead.

Legally, a lawyer is officially only the lawyer of one of the spouses who hired him. A lawyer cannot and should not represent both spouses at the same time. The spouse who has entered into a lawyer contract has an obligation to pay a fee, but subsequently usually the spouses share these costs.
Mutual divorce is beneficial, since the financial burden of the process cost is reduced by about half. In addition, some courts in Germany slightly reduce the procedural cost if the divorce occurs by mutual agreement.

It is important to understand that in cases where there are various disputes between partners about the consequences of a divorce, you cannot do without a second lawyer. For example, disputes regarding custody of children, division of property or determination of place of residence in a marriage. We recommend that spouses seek compromises and fix their agreements among themselves, which will significantly save your personal budget.

The cost of divorce for the poor

Even lower costs arise when one of the partners is eligible for state financial assistance (Prozesskostenhilfe, PKH).

In divorce proceedings and other areas of family law, German state financial assistance has a different term Verfahrenskostenhilfe. Whatever legal term is used, both words should mean the allocation of public funds to cover legal and advocate expenses for the poor.

Those who receive this help with a divorce, either do not need to pay legal and legal fees, or are required to pay them in installments.

The legal costs and expenses of a divorce attorney are paid by the state, depending on the economic situation of the recipient, either partially or in full. In combination with the mutual divorce and the employment of one family lawyer, spouses can significantly minimize costs.

Important: If both partners are eligible for legal assistance, then two lawyers can be hired without much financial difficulty. In the event of a dispute, you should definitely use this opportunity.

Online divorce without a lawyer

Online divorce is not possible without a divorce lawyer. It should be understood that online scam is a normal scam. Online divorce makes divorce easier, faster, easier, and cheaper. But even with an online divorce, one lawyer is required to participate in the divorce proceedings and the decision is made in the family court.

Additional questions to a family lawyer

If you have additional questions on the divorce procedure, then you can always count on the help of family lawyers of the Krimhand Bar Association. Go to the Contact page and ask us in any convenient way. The first information and the calculation of the cost of a divorce for you will be free and without obligation.

We recommend that you familiarize yourself with the cycle of our divorce articles:

The information provided is for informational purposes only. Everything stated in the publication does not replace and is not an official consultation of a lawyer.

1. When do I need to file for divorce in court?

A marriage is dissolved in court if you:

  • there are minor children
  • there is no mutual consent to divorce (regardless of the presence of joint minor children).

If you do not have minor children and have mutual consent to a divorce, or if your spouse has been sentenced to more than three years, found missing or incompetent, you need to contact the registry office directly.

2. How to file a lawsuit for divorce?

To dissolve a marriage through court, you will need documents:

  • identity document
  • statement of claim ,
  • certificate of registration of marriage (in case of loss of the original, you must obtain a second document from the registry office, which performed the state registration of marriage),
  • extract from the respondent’s home book (if the claim is filed at the defendant’s place of residence) or extract from the plaintiff’s home book (if the claim is filed at the complainant’s place of residence),
  • birth certificates of minor children (notarized copies), if you have children,
  • State duty receipt
  • power of attorney for the representative (if you do not have the opportunity to submit documents personally. The power of attorney must be notarized).

Please note that under the law, a woman who is pregnant or has given birth less than a year ago can be divorced only with her written consent.

You can file a lawsuit on the division of property along with a lawsuit to dissolve the marriage, or you can - after.

The lawsuit must be filed with the court at the place of residence of the defendant. If for health reasons you cannot reach the defendant’s place of residence or you have minor children living with you, you can go to a court located near your home.

If you do not have a dispute about children and property disputes of more than 50,000 rubles, you need to file a lawsuit in a magistrate’s court. If you have a dispute about children or property disputes that exceed the amount of 50,000 rubles, file a lawsuit in a district court. It is possible to challenge the decision of the magistrate court in the district court, the district - in the city court.

If everything is in order with the documents filed with the court, you will be assigned a date for consideration of your case within two weeks.

3. What happens in the courtroom?

If at the court session both spouses (in person or through representatives) come to a mutual agreement to divorce, the court will issue a decision on divorce after the first meeting. If one of the spouses refuses to divorce, the court will give a period of one to three months for reconciliation.

If the opinion does not change by the second session, the court will decide on the divorce and issue a relevant decision.

If the spouse (or his representative) who does not want to divorce does not come to court three times, the marriage will be dissolved without his participation after the third meeting.

4. Do I need to go to the registry office later?

Yes need. After you receive a court decision and it comes into force, you will no longer be considered husband and wife, however you will need to register the fact of divorce and obtain a certificate of divorce. This is done in the registry office. You will need:

  • identity document
  • statement,
  • copy of the court decision on divorce (it must come into force),
  • State duty receipt
  • power of attorney for the representative (if you do not have the opportunity to submit documents personally. The power of attorney must be notarized).

You can submit documents for divorce to the registry office of Moscow at the place of residence or at the place of registration of marriage. The certificate of divorce will be issued on the day of treatment.

Если расторжение уже было зарегистрировано одним из супругов, второму супругу желательно (но необязательно!) обращаться в тот же отдел ЗАГС.

5. А как развестись с иностранцем?

Расторгнуть брак с гражданином другой страны или лицом без гражданства, постоянно проживающим на территории другого государства, можно как в России, так и за границей. Но если ваш муж (ваша жена), несмотря на иностранное гражданство, постоянно проживает в России, разводиться нужно на территории Российской Федерации.

В России процедура развода с иностранцем ничем не отличается от развода с гражданином Российской Федерации. Except that all documents in a foreign language must be legalized (unless otherwise provided by international treaties of the Russian Federation), and translated into Russian. The fidelity of the translation must be certified by a Russian notary.

If you decide to get divorced in a foreign country, do not forget that the marriage will be dissolved according to the laws of that state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia as well. However, the document will need to be legalized for further use in the Russian Federation (affix an apostille or consular legalization).

6. Is it possible to invalidate a marriage?

Yes, a marriage can be invalidated (this is not the same as a divorce. In this case, you are exempted from all legal duties of the former spouses. For example, you can not divide the property equally) if:

  • one of the spouses hid that he had previously been married and did not terminate it,
  • the marriage was fictitious
  • one of the spouses was forced to marry,
  • one of the spouses at the time of marriage was a minor and did not have permission to marry,
  • spouses are immediate relatives
  • spouses are adoptive and adopted
  • one of the spouses at the time of marriage was declared legally incompetent by the court,
  • one of the spouses hid the presence of a sexually transmitted disease or HIV infection from the other.

These circumstances must be proved in court.

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