Civil law

Contested divorce

A contested divorce is a divorce proceeding in which one party disagrees with the decision to divorce or disagrees with the terms of the agreement proposed by the other party. In a contested divorce, the parties cannot reach a mutual agreement on important issues, such as property division, child custody, or alimony.

In a contested divorce, each party hires a lawyer to represent their interests. The divorce process can be lengthy and expensive, as it can involve multiple court hearings and the presentation of evidence. The judge will decide the issues in dispute after hearing the arguments of both parties.

A contested divorce is generally more stressful and emotionally draining than an uncontested divorce, as it can involve unpleasant arguments and disputes between the parties. In addition, the process can be more difficult for the children, since they can be dragged into the dispute.

In general, a contested divorce is the last resort for those who cannot reach an agreement in an uncontested divorce. If possible, the parties are encouraged to try to reach a mutual agreement before starting contested divorce proceedings, to reduce the stress and cost of the process and minimize its impact on the children and the family. family in general.

Child custody

Child custody is the right and responsibility to care for and make important decisions in the life of a child or adolescent, including their education, health, welfare and security. In the context of a divorce or separation, child custody can be a complicated and emotionally charged issue.

There are different types of custody, such as sole custody, in which one parent has the primary responsibility for caring for and making important decisions about the children, and joint custody, in which both parents share the responsibility of caring and make important decisions about the children.

In general, family courts consider several factors when deciding who will have custody of the children, including:

• The well-being and interests of the child or adolescent.
• The ability of each parent to provide a safe and stable home.
• The child’s relationship with each parent and with other members of the family family.
• The educational and health care needs of the child.
• The ability of each parent to meet the emotional and physical needs of the child.
• Any evidence of abuse or neglect by from one of the parents.

In many cases, parents can reach a mutual agreement about child custody outside of court, through mediation or arbitration. However, if the parents cannot come to a mutual agreement, a family judge will have to make a decision on child custody.

Property Division

Property division refers to the process of dividing the assets and debts that a couple has acquired during their marriage or cohabitation, in the context of a divorce or separation. Property division is an important and often complicated issue in any relationship dissolution process, as assets can include anything from a home and car to bank accounts, investments, businesses, and other assets.

How property is divided depends largely on the law of the place where the divorce or separation process is taking place. In some places, the principle of “equitable division” is followed, in which assets and debts are divided fairly and equitably, though not necessarily equally, taking into account factors such as the length of the marriage, the contribution of each spouse to the relationship and the financial capacity of each. Elsewhere, the principle of “community property” is followed, in which all property and debts acquired during the marriage are considered the common property of the couple and are divided equally.

The division of property can also be the subject of negotiation between the parties, especially if they have written prenuptial or separation agreements. In any case, it is important to have legal and financial advice to ensure that the division of property is carried out fairly and appropriately for both parties.