FAMILY LAW

The “Ivana R. Ječmenica” law office represents clients in the field of family law. Family law represents a life-long legal matter under the scrutiny of which there is a very wide range of relationships within the family. The most current issues in this domain that concern a large number of our fellow citizens are: divorces, legal maintenance, guardianships, the right to live (habitatio) and family violence .

Divorce is the most common legal basis for ending a marriage in our country. In addition to divorce, marriage can end by annulment (in the case of voidable marriages) and by the death of a spouse. There are two modes of divorce: divorce by lawsuit and divorce by agreement . The procedure for amicable divorce is much simpler and faster, but requires, as a precondition, the existence of an agreement between the spouses regarding: the exercise of parental rights, the payment of maintenance (alimony) and the division of common property . Namely, the spouses must agree on: 1) which of them will be entrusted with the children for the purpose of independent exercise of parental rights; 2) what amount will the other parent pay for maintenance (alimony) ; 3) about the way of seeing the child with the other parent; 4) on the way in which they will divide the joint property, provided that they have acquired something during the community life.

On the other hand, if the agreement of the spouses regarding the key issues mentioned above is not possible, the only option is divorce by lawsuit . This procedure is more complicated, time-consuming and stressful because the court is tasked with deciding which parent will be entrusted with custody of the children, as well as how much the other parent who does not take care of the children will pay for child support. As a rule, the process of divorce by lawsuit incorporates the mediation process as a separate phase. The purpose of mediation is to give the spouses another chance to reconcile and abandon the divorce – so-called reconciliation , and if that is not possible, then to at least reach an agreement regarding guardianship, support and property division – so-called settlement . One of our most read blogs in the field of family law law office is dedicated to the issue of divorce.

The Institute of Legal Support is one of the most important family law institutes, with a very wide field of application. This institute is most often related to the obligation of parents to support their minor children , where it becomes especially relevant during divorce. The right to be supported by one’s parents is one of the most important rights of every child , and therefore the courts are obliged to decide on child support in the judgment on divorce. In practice, it comes down to the obligation of the parent whose child is not entrusted with custody to contribute to the maintenance of the child , whereby the amount of maintenance can be fixed , or expressed as a percentage of the monthly income of the parents. In addition to minor children, under certain legal conditions, adult children, spouses or common-law partners, parents, in-laws, brothers and sisters, grandparents, and the child’s mother can also apply as maintenance creditors . We elaborated this question in detail in one of our blogs from the area of law office for family law – about legal maintenance .

Family law, carrying out its primary mission, which consists of protecting the interests of a minor child, gave birth to a socially motivated legal institute – the right of residence (habitatio) . The right of residence (habitatio) means the right of the child and the parent to whom the child is entrusted to independently exercise the parental right to live in an apartment owned by the other parent, provided that they do not have ownership rights to the habitable apartment. The ratio legis of this family law institute is to satisfy one of the most important needs of the child – to have a roof over his head . The right of residence (habitatio) is limited in time and lasts at most until the child comes of age .

To summarize, within our family law law office you can get a wide range of legal services in the field of family law, namely:

• Filing a lawsuit for divorce

• Drafting a proposal for an amicable divorce (if there is an agreement on children and the distribution of joint property)

• Filing of a lawsuit for legal maintenance of a child by a parent who does not exercise parental rights

• Filing a lawsuit for maintenance of a former spouse

• Filing lawsuits for the realization of the right of residence (habitatio)

• Deprivation of parental rights

• Establishing and contesting paternity and maternity

• Filing a lawsuit for matrimonial assets (property acquired during marriage)

• Representation in procedures for protection against domestic violence

• Adoption

• Deprivation of business capacity and placement under guardianship