Court Complaint for Custody, Support, Alimony & Property Division
The said party has an option to file separate petitions praying for the above-mentioned matters. It must be noted that there are several requirements that must be complied with upon the filing of the necessary petitions. Hence, it is important that you hire a lawyer who will assist you in instituting the complaints before the proper judicial bodies.
Divorce cases are really complicated. As already mentioned in several articles, it includes not only the extinguishment of the marital relations of the spouses. The proceedings for divorce also cover the separation of the conjugal properties or absolute community of the husband and wife. All the real and personal properties that they brought during the marriage will be divided based on a pre-nuptial agreement that they have executed and in the absence thereof, the partition will be based on the applicable provisions of the law. Aside from this, divorce cases also include a judgment for child custody and support. In some instances, the court may also order for alimony.
An emphasis must be placed on the possibility of achieving your goals through extra-judicial ways. For example, you may enter into a compromise agreement with your ex-spouse instead of resorting to judicial remedies. Trying to come up with a sound settlement with your ex-partner is better than having to undergo litigation in court. It is a common knowledge that cases filed in court may take time before a judge will rule on them unlike when you try to settle with the other party. Another advantage of avoiding judicial proceeding is that you may save yourself from an unfavorable judgment that may be rendered by the judge hearing the case.
Whether you file a complaint in court or enter into a settlement, there is still a need to get an attorney. If you seek advice, you will find a family attorney will stress the need to hire a professional who will check the statutes in order to protect your rights and interests. A lawyer may also be helpful in case an attempt to negotiate with the other party fails. In such instance, the proper step to take is the filing of the complaints or petitions with the court. Even if you have a lawyer, the allegations in your pleadings must be based on your personal knowledge. Otherwise, the court will consider it defective and may lead to the dismissal of the cases.
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