The intolerance of spouses towards each other is the commonality present in the overwhelming majority of divorce cases. The lack of understanding is often observed during the divorce process, which leads to the necessity of carrying it out through the courts. Citizens often raise the question of whether the court can satisfy a divorce application if the other spouse objects to it.
It should be noted that regardless of the respondent's desire to divorce, the divorce application is satisfied by the court. In cases where one spouse wishes to maintain the marriage, the court is authorized, upon their request, to grant time for the spouses to reconcile. The period granted for reconciliation cannot exceed three months. If during this time the spouses do not reconcile and the applicant insists on their demand to dissolve the marriage, the court satisfies the application. Divorce is not permitted during the wife's pregnancy if she does not consent to the divorce.
It should be noted that although in a judicial divorce, the marriage is considered terminated from the moment the court's decision enters into legal force, the divorce must be registered with the Civil Status Registration Authority based on the legally effective court decision. Only when the divorce is registered in the prescribed manner does the individual have the opportunity to remarry in the future.
The next question that concerns citizens relates to the necessity of involving a lawyer in the process of judicial divorce:
When discussing the necessity of involving a lawyer in the divorce process, it is essential first to classify divorce cases into two groups. The first and primary group consists of those cases that are accompanied by the applicant presenting additional claims alongside the divorce. Such claims include, in particular, the division of property acquired during the joint life /joint ownership/, the collection of alimony for minor children born during the joint life, determining the child's place of residence or establishing visitation arrangements, providing alimony for the financially disadvantaged spouse in cases stipulated by law, and so on. These are the cases where the participation of a specialized and experienced family lawyer in the proceedings is a necessity.
In practice, the correct strategy developed by the lawyer, the active collection of all necessary admissible and relevant evidence for each case, and the effective resolution of procedural issues at each stage of the proceedings are the prerequisites that guarantee the expected outcomes.
The second group includes divorce cases that are not accompanied by any additional claims. Generally, in such cases, the lawyer's assistance may be limited to merely drafting the application in accordance with procedural norms and preparing the accompanying documents without representing in court. Although there are many instances where citizens prefer to utilize the full services of a lawyer even in such cases, aiming to avoid possible stress in an intolerant atmosphere during the proceedings.
In certain cases, during the examination of the case, some procedural obstacles may arise, which will also require the professional assistance of a lawyer. In practice, especially in such obstacles, citizens encounter divorce cases that are burdened with foreign elements and require knowledge of specific international documents related to the issue.
When resorting to judicial protection, in any case, consult with specialists and be informed about your rights enshrined in the legislation.