Family Disputes

The lawyers of the Bar Association are ready to provide qualified legal assistance, as well as represent your interests in courts of various instances in family disputes related to:

• divorce;
• division of common property of spouses;
• determining the place of residence of children;
• the procedure for exercising parental rights by a parent living separately from the child;
• establishment and contesting of paternity;
• recovery of alimony.

Judicial Divorce

Divorce is carried out in court if the spouses have common minor children, if one of the spouses does not consent to the divorce, and also in cases where one of the spouses, despite having no objections, evades the divorce in the civil registry office (refuses to file an application, does not wish to appear for state registration of the divorce, etc.).

Division of Common Property of Spouses

The division of the common property of spouses can be made both during the marriage and after its dissolution at the request of either spouse, as well as in the event of a creditor's claim for the division of the common property of spouses to levy execution on the share of one of the spouses in the common property of the spouses.

The common property of the spouses may be divided between the spouses by their agreement. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses' shares in this property, is carried out in court.

Determining the Place of Residence of Children

The place of residence of children when the parents live separately is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court, based on the interests of the children and taking into account the opinions of the children. In doing so, the court takes into account the child's attachment to each of the parents, brothers and sisters, the child's age, the moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child's upbringing and development (occupation, parents' work schedule, financial and marital status of the parents, etc.).

Exercise of Parental Rights by a Parent Living Separately from the Child

A parent living separately from the child has the right to communicate with the child, participate in their upbringing, and resolve issues regarding the child's education.

Parents have the right to enter into a written agreement on the procedure for exercising parental rights by the parent living separately from the child. If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (or one of them).

Establishment and Contesting of Paternity

In the case of a child being born to parents not married to each other, and in the absence of a joint application from the parents or an application from the child's father, the child's descent from a specific person (paternity) is established in court upon the application of one of the parents, the guardian (custodian) of the child, or upon the application of the person who is dependent on the child, as well as upon the application of the child themselves upon reaching the age of majority.

The parent's entry in the birth register can only be contested in court at the request of the person recorded as the father or mother of the child, or the person who is actually the father or mother of the child, as well as the child themselves upon reaching the age of majority, the guardian (custodian) of the child, or the guardian of a parent declared legally incompetent by the court.

Recovery of Alimony

If parents do not provide support for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

In the absence of an agreement, alimony for minor children is collected by the court from their parents monthly in certain shares of earnings or income established by law. The amount of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.

To receive this type of legal assistance, you need to schedule a consultation.