Divorce Lawyer: How To Predict How Long The Process Will Take And What Mistakes Not To Make After Divorce

What part of the case is divorce at your job? Are they increasing or decreasing?

In my work, representation in court in divorce cases plays a significant part, along with bankruptcy, construction, and real estate disputes in court. Sometimes I even joke: where the construction or bankruptcy, there and the divorce. There is currently an increase in the number of divorce cases. It was especially felt during the first quarantine. I think that people have finally just had the opportunity to meet and that “acquaintance” with the other side, the children and the house was not fascinated. In other cases, the quarantine simply helped clients make final, mature divorce decisions.

Who is more likely to file for divorce, male or female? What are the reasons given?

I would not emphasize that one or the other tends to come back more often, at least both men and women turn to me, financial disputes, disagreements about the common home, differences of character, different approaches to parenting, business management, etc. In addition, clients often say that the reason for the divorce is simple: they simply do not want to be with the other half because they do not feel happiness, harmony in the family, etc.

What are the key questions for these couples?

Property, its division and disputes regarding the residence of the children, payment of alimony. The biggest problem arises when one of the parties wants to stay in the house or apartment of the spouses and the other does not have money or does not want to pay compensation. There is also much controversy about improving the ownership of the personal funds of one of the spouses, the payment of debts.

What are the most important things divorcees need to know before going to court?

I think the most important thing is to understand that finding compromises is more beneficial not for the court but for the spouses themselves. The court will almost always rule in cases of this nature to the satisfaction of both parties. Also, a court decision will often lead to new disputes in the future. The simple act of talking and eliminating ambitions and emotions sometimes works wonders. Before going to court, if the parties do not agree on all the legal consequences of divorce, it is necessary to go through the mandatory mediation stage until today. Keep in mind that this process takes time, so if you have a speedy divorce in your plans, you should request mediation faster.

In addition, before going to court, it is necessary to assess that the divorce would take several months by mutual agreement of the parties, and in case of disputes, filing a lawsuit in Vilnius or Kaunas will take several years. It may also happen that the first instance alone does not end in 2-4 years.

What “homework” should be done if the couples do not come to a peaceful agreement about the divorce: collect documents, facts, hire a detective?

You know, it all depends on the goals of the divorce case: proving infidelity, gaining more of the property, taking over and taking the business, the children, etc. The best way to gather and preserve evidence is to advise only the attorney representing the spouse. It happens that, for example, a lot of data is collected over a long time to prove infidelity, it is done clandestinely, illegally and becomes a pre-trial investigation against the person himself, and in a divorce case the court rejects or maintains claim, for example, litigation costs much more …

It should also be noted that if the spouses are not living together before the court is filed, the children must be supported at that time. If alimony is not paid, the court can order it during the last 3 years. It is very important to know that a delay in divorce can have serious legal and financial consequences: the spouse will assume new responsibilities, new debts will arise, and it will be necessary to prove in court that all this is not their husband or wife. personal obligations.

What would be the advice of the lawyers for the divergent parties once the case has gone to court? What mistakes not to make?

I probably won’t say anything new, but one of the most important things in this complex and often lengthy legal process is finding a trusted representative. When there is trust, the process becomes much easier.

Another tip: if there is still an opportunity to speak, try to do so even in a court case, through lawyers, with the help of one or even two mediators. And if it is already impossible to speak, work with the case in the judicial process, the evidence so that no more doubts arise about the suitability and legality of the claims to the court. Also, throughout the process, try to control your emotions so that they do not lead to new criminal or civil cases.

What are the longest and most complex issues in divorce proceedings?

The issues of division of assets, distribution of debts to creditors, determination of the child’s place of residence, communication procedures and payment of alimony are the most controversial. The divorce process is complicated by the problems of division of companies and shares.

Of course, a rather complicated process in court awaits even if the divorce is carried out with a foreign national. In such cases, disputes are quite common over which country the child should stay in, who to live with, and how much alimony should be provided. Lithuanian citizens living in other countries mistakenly think that it is difficult for them to separate when they are not in Lithuania. However, this is not the case. The case may be presented through a representative and only in some cases, once the merits of the proceeding are in progress, it may be necessary to appear in court once or twice. And to this day, the arrival itself can be avoided: under certain circumstances, the court can question the spouse remotely.

How important is having a lawyer in a divorce case?

An attorney is needed in all cases where the spouses decide to divorce. From the initial consultation to the final judicial decision, throughout the process. To this day, even in the mandatory mediation process, and not just in court, clients ask me to accompany them.

Of course, a person can go to court without a representative, because the documents can be prepared by a lawyer, but in this case it should be noted that a lawyer will still be needed after the first or second court hearing. Not only will it be difficult to represent yourself at court hearings, but without a representative it will be difficult for other participants in the process and for the court itself to hear the case.

To this day, he is popular enough to focus on helping his attorney through the court process. After all, many times when both parties negotiate through their representatives, compromises are reached much faster and although the spouses thought that a peaceful agreement could not be reached, the lawyers take and manage to reconcile the positions of both spouses and the court case only takes 2-3 months.

What advice can you give to those who have already been divorced? What mistakes should they not make? for behavior, for continuity, for the payment of alimony.

After the final decision of the court has been made, there should be no rush and a few months later to change the order of communication with the children in court, the issue of the amount of alimony, etc. I always say that “principled” cases should be avoided. However, if it has happened that changes in life circumstances (work, place of residence, etc.) require changes in communication procedures, collect all the evidence in advance that it is not possible to reach an agreement with the ex-spouse ( social media messages, sms are suitable) that has really changed your life. If you want to increase or decrease the amount of alimony for children, collect detailed evidence of changes in the child’s needs, money spent (bills, checks, medical certificates, etc.), deterioration of financial situation, status of Health. The courts are currently hearing a series of cases calling for a procedure to communicate with the child to the nearest minute, and the child’s life has become a 50:50 “fashionable order”: one week with one, one week with other.

But whatever claim you make in court, keep in mind that it should all be solely in the best interest of the child and not to reconcile personal “accounts” with the ex-spouse through the child.