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During the quarantine, news came that the number of divorces in some foreign countries, such as China, has increased significantly. Egidijus Langys, a lawyer at the Avocad law firm, confirmed that there are a few more in Lithuania recently, but emphasized that it is certainly not as massive as it sometimes appears.
“I receive more inquiries: people are interested, they consult. The compulsory mediation presented this year is unknown to them, so it also raises questions,” said the lawyer.
We are talking with E. Langis about what has changed during the quarantine process regarding the divorce process, whether it is possible to separate remotely, what circumstances complicate the divorce process, what is mandatory mediation for unmarried couples and how the mediator helps in the divorce process, how long can a divorce take and cost – a process worth knowing for anyone preparing not only to make a difference but, above all, to get married.
– How is the divorce process going now? Are there any changes due to quarantine?
– If we talk about written processes, when the parties are not involved, everything happens in a common course, nothing changes. For oral proceedings, it depends on how the courts organize them. There is now a recommendation from the Council for the Judiciary to resume oral hearings and, to the extent possible, they will be dealt with orally or remotely.
If a couple has children, five main aspects are dealt with in court: divorce, division of property, place of residence of the children, child support and the procedure for communicating with the children.
Courts have already begun to hold oral proceedings, with hearings scheduled to take place remotely next week.
So far, things are going like this and little by little the courts are returning to the general rhythm.
– Is it possible to remotely highlight?
If possible. The same meeting takes place, only remotely. It is true that this does not apply to all cases. Priority is now given to those with the fewest participants. In the case of a live test, the number of participants is kept to a minimum. Then there are those who have been in court for a long time, but they must also be examined so as not to stand up.
– Generally, the divorce process, if it takes place in a family where there are no children, is simpler and couples with children differ for a longer time. What factors complicate the divorce process and prolong its duration?
– Divorce occurs by consensus or by litigation. Dispute law: When you physically go to court, lawsuits, reviews, etc. are written. t.
If a couple has children, whether the divorce is consensual or the dispute is resolved, five main aspects of the divorce are addressed in court: divorce, division of property, residence of children, child support, and contact with children. . If the parties do not have minor children, the last three questions fall.
The divorce process is generally prolonged due to a series of disputes over the amount of child support paid. A new category emerges, tables with the child’s needs consisting of 20-30 columns, and each position needs to be discussed. Sometimes a meeting is not enough.
The procedure for communicating with a child is also a matter of great controversy, as the parties sometimes discuss this aspect both precisely and on other matters.
Photo by Vida Press / Father and son
The question of the child’s place of residence raises less, perhaps more, questions of principle, because sometimes the parties try to manipulate the interests of the children and thus take revenge on each other.
Such is the classic example: Let’s say that if a woman does not work anywhere, she has three children, the question arises of how she will raise children after divorce. We have such a system that most of the time children, whether younger or up to a certain age, stay with their mother. Most statistics are just that, and male parents have to give up. In this sense, they descend.
The courts are liberalized, if the parties differ by mutual agreement, the procedure of communication with the child can be determined in equal parts. Maintenance problems are resolved automatically, and the costs are borne by the parent the child is currently in and, if necessary, make an additional contribution to the maintenance of the child. However, this only applies if the parties agree, in case of dispute, everything goes according to the letter of the law.
For example, due to place of residence, parents are divided: one child stays with one parent and the other with another. Although there is a sibling ban, but if the argument is good, the parties agree on this issue, they say that the children will be able to continue to communicate, the connection will not be broken, then everything is fine. But this option is also possible only by mutual agreement of the parties, not in the case of litigation.
The divorce process is also prolonged with the appearance of the Mediation Institute, which is mandatory in the case of a dispute where the parties do not reach a friendly agreement. Anyone wishing to divorce must file a lawsuit against that institute. The appointment of a mediator must be made to the State Guaranteed Legal Assistance Service or the mediator can be contacted directly. In any case, it will be necessary to do so, since a certificate from the Mediation Institute will be required to demonstrate that it has been used.
– What is the role of the mediator: helping the parties to reach an agreement?
– The mediator does not make decisions and does not offer them. With their help, the parties, participating in the mediation process, can change their approach to the conflict, their positions.
Countries assisted by the mediator can change their attitude to the conflict, their positions.
The parties participate in the divorce process through representatives. They know the legal stuff, the tactics, the tips on how to best squeeze the most out of the benefits, but sometimes those maximum benefits really don’t add up. Therefore, mediation is an opportunity for the parties themselves to make some decisions, forget their positions, and see how they really want to live.
For example, disagreements often occur in an attempt to prove another’s guilt. The guilt of distinguishing these days has no effect, it is only a matter of respect. Proof of guilt takes an incredible amount of time, emails, messages, correspondence, misuse of private personal data, etc. The question of guilt is completely irrelevant, so there is no point in analyzing it. It is better to agree that it stands out for different approaches and both.
The division of property in the absence of a premarital or postmarital contract will, of course, be a problem. If you have bank credit, in case of divorce, you must first start with the bank, which will inform you of the conditions under which you can divorce. The parties can determine in a way who is left with the assets and liabilities, but this may not be appropriate for the bank.
The very nature of the asset division is not relevant to the bank, it is important to it who will pay the loan. And the bank generally wants both parties to remain joint and several debtors, i. and. paid by both parties. Therefore, the initial idea of how to solve this problem should come from the banks. Otherwise, many questions arise in court because the bank does not accept that the parties differ in their own order. The court then decides the problems, the parties are unsatisfied. And through mediation, all of these issues can be discussed, to discover how and what it should be.
Photo from 123RF.com / The couple deals with real estate
In addition to the above, more problems can be resolved in mediation than a court would decide. For example, a very relevant problem when the parties are in conflict with each other is the question of grandparents. Grandparents do not have the opportunity to communicate with their grandchildren. In this case, this problem can be included in the contract through mediation.
Of course, it will still be up to the judge to decide how liberal he will be in this regard and allow him to decide more than the law provides, but that opportunity is available to the parties. And in a divorce case, this problem would not be addressed in court. In this case, grandparents must start a separate case if they are not allowed to see their grandchildren.
– How long can the divorce process take for a couple who do not have children and one who does?
– It all depends on how the parties decide. If there is a consensus, the process is really fast, about a couple of months. Unless there was a question of ownership, for example, there would be many, the parties would not agree for a long time. We had a case that we closed this year, it lasted five years because a childless couple couldn’t agree on property issues for a long time.
If there is a dispute, when the parties bring everything to court and the couple has children, the process takes, I think, at least 1-1.5 years in the first instance.
– Can you name the approximate cost of the divorce process?
– It’s hard to say, it depends on the lawyers, the law firm: bigger costs more. Let’s say that if the parties differ by consensus, they have no children, the divorce process should cost between 500 and 2.5 thousand. euros
If litigation is involved, the process can be unpredictable. In this case, I would say, it should count from 2.5 thousand. euros Since, for example, a party does not provide maintenance, it is necessary to request provisional measures to order temporary maintenance while the dispute is pending in court. When asked to write an application, sometimes the court does not grant them and then appeals to a higher instance.
So, you wrote both the complaint and the complaint, you still need to analyze the comments, and even if the other party writes a counterclaim, in family disputes you can’t just write the answer that I disagree and would like it to be in a u-way other. In this case, it is almost necessary to write a separate claim. And the amounts are going crazy. The difference in court is really more expensive than consensus.
If the parties differ by consensus, they do not have children, the divorce process should cost between 500 and 2.5 thousand. euros
– Based on your work experience, what could you say: people are more different from beautiful or evil?
– Now people’s perceptions and attitudes are a little different, changing both tradition and culture itself. People are really trying to find ways to deal with problems peacefully, and now there is more. Of course, there are also cases where litigation takes place in court, it will never go away, because not everyone will be able to reach a settlement peacefully.
When it comes to mediation, for people who want to be different, the mediation process and the mediator, who is an impartial third party, gives you an opportunity to think, to think, maybe you are unnecessarily late.
– Has it been your practice for couples to change their minds and finish the divorce process?
– yes It happens that couples get angry endlessly, there are all kinds of pre-trial investigations to cause physical pain or domestic violence, burglary from home. However, pre-trial investigations do not always pay off, they stop. So, it happens that people have been litigating, arguing for two years, and then they say: yes, maybe we can reach an agreement. There are also cases, not very frequent, in which the parties file for divorce and then change their minds.
– What advice do you have for divorced couples? What to look for as a decent and humanely divorced person?
– Without anticipating events, the first advice would be to find out before marriage what it is, what it means to be in a marriage, what are the legal consequences.
First of all, I would suggest that people delve into what marriage means.
Very standard situation: one of the spouses received an administrative sanction. Suppose you don’t work anywhere, you don’t have the ability to pay. Married, the joke deducted this penalty from the other spouse’s account. A man with puffy eyes asks what’s going on here. The sheriff says: so you – the spouses, the income – total, then I deducted half the amount you have to pay from your account. In such cases, people have questions about how this can be, after all, my money is here, and so on.
Another common case is maintenance problems in which there are children from previous marriages. There are maintenance delays, it is free. Either the new spouse or the spouse pays for it.
First of all, I would suggest that people delve into what marriage means. Because it is, above all, a contract as defined in the Code. And make people realize what they are going to do. With us, we think only about marriage, how to make the best vacation possible and where to go on honeymoon, to go on vacation. And what happens next, nobody knows those things anymore.
Even commitments have legal consequences, if the marriage is not carried out by one fault or another, gifts, rings, etc. must be returned. But people don’t focus on that. So, as with any contract, you should consult before getting married.
Another tip if you can’t save your marriage is to take advantage of mediation, as it is definitely much cheaper and faster. If you apply for the state-guaranteed legal aid service, a mediator is located there, four hours of mediation are state funded, and it costs the parties nothing. A mediator can help the parties find one solution or another.
And going to court to get divorced takes a long time, costs a lot not only financially but also morally, and people don’t benefit much from it.
– How do you evaluate the conclusion of marriage contracts and what advice would you give in this regard?
– This is a matter of self-determination for the parties. We still believe that such a contract is a deduction marriage, no love, just money in mind. Nothing of that
Nothing prohibits living together, but discovering that any property or action is separate financing is a normal decision. After all, people connect not to combine wealth, but to create something else. So I don’t see any problem here.
Let’s say that, in the case of entrepreneurs, they are forced to insure, because there are several risks: loss of property in the event of bankruptcy, etc. We have a different interpretation of those treaties, but this is because people do not know what they are for.
Fotolia photo / New home.
– If two people get married, each of them has their own personal property, no marriage contract is concluded. Is that property shared or is it still personal?
– No, it doesn’t become common. But there are nuances everywhere. The apartment available before marriage is personal property and will not be common after marriage. The same applies to donated property: for example, if you can donate real estate in marriage, it will be personal, it will not be common.
If each party has their own apartment before marriage, but they are credited together and they buy a shared house, then the new one they buy will already be shared.
The apartment available before marriage is personal property and will not be common after marriage.
There are also such cases: let’s say that one of the spouses has an apartment and the family lives in it, in case of divorce, if there are minor children and if the other party does not have a place to go at that time, a usufruct can be established : legal access to the property for some time.
The court may say that such a request is granted, a usufruct is imposed until the child turns 18. So, let’s say, a mother with a child can live in that apartment, which is the personal property of the other spouse. He cannot sell or mortgage it; this is your personal property.
It is not common property, it is simply a matter of legal regulation that allows personal property to be used to protect the best interests of the child until he resides or reaches the age of majority. And the usufruct counts until the age of 18 with the last of the children if the family, for example, has children of different ages.
Each situation has its own nuances. When people come up with good and honest goals, everything is fine, but everything happens in life. No one will remove personal property, but you can restrict it.
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