Family disputes are the most common category of civil cases. This category of cases occupies a special place in judicial practice, and resolving such disputes without the qualified assistance of a family law attorney is often problematic, since family disputes involve not only property disagreements but also personal, non-property ones.
The main issues my clients come to me with:
Divorce through the courts
Divorce of any complexity:
- by mutual consent of the spouses
- divorce where the spouse's place of residence cannot be determined
- divorce where one of the spouses is deliberately delaying the court proceedings
- divorce from a foreign national
Division of spouses' property
the division of jointly acquired property is possible both out of court and through the courts, and involves a whole range of measures aimed at satisfying my client's claims:
- Legal analysis and determination of the case strategy
- Identifying the list of jointly acquired property
- Gathering the body of evidence
- Preparing and filing a statement of claim or objections to the claims brought against you
- Challenging falsified evidence
- Attachment of property as an interim measure
- Having transactions aimed at concealing property subject to division declared invalid
- Division of debts and loans upon divorce
- Appealing court decisions that violate our clients' rights
Determining the children's place of residence upon divorce
- under Part 3 of Article 65 of the Family Code of the Russian Federation, where the parents live separately, the children's place of residence is determined 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 children's opinion. In doing so, the court takes into account the child's attachment to each of the parents and to brothers and sisters, the child's age, the moral and other personal qualities of the parents, the relationship between each of the parents and the child, and the possibility of creating conditions for the child's upbringing and development (the parents' occupation and working hours, their financial and family situation, etc.).
Thus, determining a child's place of residence is a complex legal process that necessarily involves proving that the child living with my client is in the child's own best interests.
Determining the arrangements for contact with children
- the arrangements for contact with a child can be determined either out of court by concluding an agreement or in court. Civil cases on determining the arrangements for contact with a child are heard by district courts under the claim proceedings procedure. Since cases on determining the arrangements for contact with a child are cases concerning the protection of children's rights, no state fee is payable on the statement of claim.