Transactions and legal relations are not just legal terms. This is our reality. Shopping in a supermarket, marriage, mortgage - from the point of view of the law - these are legal relations. By and large, each of us enters into contracts every day, sometimes without thinking about it. But sometimes something goes wrong: a loving spouse demands to divide the property, planning to take away most of it. The pension fund removes years of service from the length of service. To defend your rights, you have to look for a lawyer.
Why are the services of a lawyer so important? Faced with injustice, people are confident that the court will sort everything out and rule in their favor. However, the specificity of civil disputes is that the judge does not have the right to help someone. Everyone must prove themselves to be right. For example, a person was sold a broken smartphone. To return the money, he will have to conduct an examination and draw up a claim, according to the rules of civil procedural law. Errors in the preparation of such documents may result in the denial of the claim. And even those whose rights have been violated will not be able to defend them.
Procedure for resolving family disputes
Family members can resolve their disputes without the intervention of authorized authorities (for example, in the mediation procedure), or with their participation.
The procedure for resolving family disputes with the participation of an authority is called the jurisdictional procedure for the protection of rights. A characteristic feature of this procedure is the issuance by an authority of a generally binding decision regarding a resolved family dispute.
In addition, family disputes can be resolved through judicial and administrative procedures.
Resolution of a family dispute in court occurs according to the general rules of civil proceedings:
- Filing a claim by an interested party
- Consideration of the case by the court on the merits
- Execution of a court decision
Some family disputes heard in the courts are subject to special proceedings. This may mean a closed trial, the involvement of guardianship and trusteeship authorities, the prosecutor's office and other specific issues.
As a rule, judicial protection of violated family law occurs in cases where the parties cannot agree. Therefore, court cases often take place in a particularly nervous and conflict-ridden atmosphere. Involving a lawyer in the case will allow you to gain strong legal support and make it possible to reduce the level of emotional discomfort during the consideration of the case by the court and the execution of the judicial act.
Another way to resolve a family dispute is administrative. For example, guardianship and trusteeship authorities are authorized to resolve some family disputes and protect the rights of persons who are unable to fend for themselves. In the case where a party chooses this method of protecting their rights, the assistance of a lawyer will help to keep under control the use of administrative measures by the authorities. Administrative measures may mean the use of coercive measures, or the issuance of a generally binding decision by the guardianship authorities.
Jurisdiction of family disputes
Correct determination of jurisdiction will help save time when going to court.
Jurisdiction can be determined both at the place of residence of the plaintiff and at the place of residence of the defendant, real estate.
Statements of claim are filed at the place of residence of the plaintiff:
- about divorce
- on the collection of alimony
- about establishing paternity
- a claim may be filed at the place of residence of the plaintiff if he does not know the location of the defendant.
- at the location of the real estate, a claim for division of the common property of the spouses can be filed.
Jurisdiction of family disputes
The magistrate considers disputes regarding the division of the spouses' common property if the value of the claim does not exceed 50,000 rubles.
An application for the issuance of a court order in the event of an undisputed demand for the collection of alimony is considered by a magistrate.
The World Court resolves family disputes, except for disputes:
- About paternity
- On deprivation of parental rights or restrictions on them
- About children
- On the recognition of marriage as invalid
IMPORTANT : the above disputes are considered by the district court.
If the statement of claim contains claims within the jurisdiction of both the magistrate and the district court, then the dispute is resolved by the district court.
Where to get the services of a lawyer in family matters - review of the TOP-3 companies with favorable conditions
I suggest you familiarize yourself with the activities of 3 well-known law firms that provide the services of a lawyer in family matters on favorable terms.
1) Lawyer
At the initial stage, this company works with clients via the Internet. The company's website serves as a portal for communication between lawyers and those wishing to receive legal services. More than 700 specialists are ready to provide legal assistance on various issues at any time. Here you can get a free consultation with a family law attorney.
The website has a feedback form through which you can ask a lawyer a question. If you need a general answer to this, it will be provided free of charge. If more detailed explanations are required, you will need to pay a certain amount. It is small due to the specifics of organizing work on the portal and does not exceed 600 - 700 rubles for an oral consultation.
To quickly get help on the Lawyer’s website, you need to call a phone in Moscow, St. Petersburg, or a toll-free number from any region. The operator will immediately connect you with the right specialist, which will eliminate the need to waste time on correspondence.
What services in the field of family law are provided by Pravoved:
| № | Child-parent relationships | Marriage relations | Property division | Alimony |
| 1 | Deprivation and restoration of parental rights | Conclusion of a marriage contract | Division of housing and land plots | Non-payment and collection |
| 2 | Establishing and challenging paternity | Divorce proceedings with and without children | Division of car and other property | Child support for two or more children |
| 3 | Child care and adoption | Divorce if pregnant | Division of debt obligations of spouses | Malicious evasion |
| 4 | Guardianship for older citizens | Divorce without personal presence | Conclusion of an agreement on division of property | Collection of alimony for parents |
Not the last place in family affairs is occupied by inheritance issues. Often unresolved inheritance disputes cause discord in families. Good relatives become your worst enemies. To prevent this from happening, it is necessary to use the services of a specialist in this field when a conflict arises.
One of our articles describes in detail the activities of a lawyer in inheritance cases. This lawyer will help solve your problems with minimal damage to family relationships. It is not uncommon for a lawyer to seek pre-trial resolution of a conflict as a result of an agreement between the parties.
To use the services of a family lawyer from the Pravoved company, you need to contact one of them through the communication channels indicated above and ask a question. The first consultation is provided free of charge. The lawyer will explain to you the main provisions of the law and general ways to solve the problem. If you want further cooperation, you will arrange a meeting to discuss the details of cooperation.
You can get consulting services from lawyers ]Pravoved.ru[/anchor] from anywhere in the world, as they are provided online. This is very convenient for those who live in remote areas without the ability to quickly find a specialist in their area.
To conclude this review of this company, I suggest watching a video about it.
2) Fokin and partners
Legal provides services in various areas of law. One of the important components of her work is assistance in resolving family and inheritance disputes. These issues are dealt with by narrow specialists in family law, which eliminates a superficial approach to conducting cases.
List of areas in the field of family and inheritance law of Fokin and Partners:
- divorce cases of varying complexity, with and without children;
- division of property from real estate to household appliances and cars;
- parental rights;
- adoption and guardianship issues;
- hereditary disputes.
Representation in court is particularly successful. We wrote about it in a feature article. The company's lawyers have extensive experience in successfully conducting cases. When you contact any of them, you will be provided with copies of court decisions on cases similar to yours for review. This indicates the high professionalism of the employees.
3) European Legal Service
This company specializes in resolving legal issues in the field of family relationships; therefore, it employs family law specialists. If you do not know how to correctly and fairly divide property during a divorce, cannot decide with whom the children will live, or have not divided the inheritance, contact the European Legal Service.
At your service are lawyers for family and inheritance matters, lawyers to draft documentation or advice, and even your own notary to carry out the necessary notarial actions. Address for personal reception: Moscow, Bagrationovsky proezd, 7 building 20 v, phone number for appointment: 8 (495) 727-09-03.
Features of family disputes
Family disputes are a rather specific category. The consideration of such a dispute by a court or other authority affects a special sphere of human relations - relations between close people. Family disputes, as a rule, are disputes between spouses, disputes related to the origin and upbringing of children. As a rule, these disputes place the parties in a situation of acute conflict, when resolving the dispute without the intervention of a jurisdictional authority is not possible. In such a situation, it can be difficult for the parties to assess their legal position, position in the dispute, prospects and consequences of their actions.
The assistance of a lawyer in resolving family disputes is the legal protection of the principal. A lawyer, participating in a family dispute, can assess the legal consequences of the actions of a party to a family conflict, while simultaneously keeping his finger on the pulse of the jurisdictional authorities. Often, resolving family disputes requires challenging acts of guardianship and trusteeship authorities, as well as the necessary assessment of the actions and decisions of officials of these authorities. The participation of a lawyer in resolving a family dispute in court is also a guarantee that all the evidence necessary for the correct resolution of the dispute will be obtained and presented to the court.
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Parties to family disputes
By definition, disputes arising from family legal relations are a conflict that arises based on related legal relations. The Family Code defines the persons who may be involved in this process:
- married couples;
- parents, children;
- grandparents, grandchildren, great-grandparents and great-grandchildren;
- stepdaughters, stepsons;
- siblings, stepfathers and stepmothers.
Experts also talk about the main reasons that could lead to such a situation. First of all, this is a divorce: division of jointly acquired property, issues related to raising children, awarding and collection of all types of alimony or challenging paternity, deprivation of parental rights, etc.
Cost of legal services of a family lawyer or lawyer for family disputes
The cost of services of a lawyer or lawyer in family disputes depends on many indicators and is determined on a personal basis. This is due to the variety of areas of family conflicts. The standard package of services includes:
- analysis of case materials
- formation of a legal position
- preparation of the required package of documents
- representation of interests in court
- preparation of applications/petitions, etc.
Calculation of the cost of services in family disputes can be obtained after analyzing a specific situation and determining the algorithm for the work of a lawyer or lawyer in family disputes. The preliminary amount is determined based on the current pricing policy of the company, which also takes into account the level and status of the specialist.
Still have questions? Call the indicated phone numbers. Legal - always guards your interests!
Marriage and family disputes
Whatever one may say, the most common family law dispute is divorce proceedings. To successfully complete the case, it is important to hire a good lawyer who will do everything possible to resolve the conflict. Oddly enough, attention should be paid to details and trifles, since it is in them that the maximum information can be hidden.
From the first minutes, our qualified lawyer will convince you of his literacy not only in legal matters, but also in his understanding of human psychology. With our approach to the problem of the Principal, it will become clear to you that the position will be developed individually and take into account all the interests of the parties to the conflict.
When will a specialist help?
Attention! The articles describe typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem - and get a free consultation:
- during conflicts during divorce;
- when determining guardians for a child;
- when establishing/challenging paternity;
- drawing up, amending and terminating a marriage contract;
- assistance in deprivation/restoration of parental rights;
- when it is necessary to collect alimony;
- when adopting children;
- for the correct execution of family documents;
- to receive an inheritance;
- to contest lawsuits;
- for advice on family law.
Help from such people in court is always necessary, but in everyday life, to resolve many issues, a lawyer can advise clients and explain their rights.
Mediation in family disputes
The main way out of the situation is to sign an agreement in accordance with the topic under consideration. If it is not possible to achieve a “peaceful settlement” of the outcome, the court takes over the matter. It is important to understand that this is not only a troublesome task, but also very costly in terms of your time. Therefore, before cutting from the shoulder, it is necessary to weigh the feasibility of all the proposed steps in the matter.
It is especially necessary to weigh the situation regarding children. Issues related to deciding the fate of a child must, of course, be resolved taking into account his interests. If there are disagreements regarding the upbringing of children, as well as their place of residence, it is necessary to resolve them as quickly as possible. Delay may lead to the fact that the parties to the conflict will completely ruin their relations. Such actions have a negative impact primarily on the psychological state of children.
Our family dispute lawyer will become your good adviser in resolving a family dispute, both in court and in the pre-trial procedure for peace negotiations.
Why legal advice is important
For example, one of the spouses got the opportunity to privatize an apartment.
He takes care of the documents and registers the living space in his own name, after which he moves there with his spouse and children. For many people, this is a common practice, but only if it comes to divorce, it turns out that only one will receive the apartment. Many are sure that all property in a marriage is considered common and do not even think about the consequences of some decisions, which is why in the event of a conflict they are left with nothing. The point is not always the duplicity of one of the spouses: it’s just that both in the family did not know the rules of law. Another situation: a child is refused admission to school at his place of residence. Some parents will create a scandal, others will submit documents elsewhere. And knowing the rules of law, you can solve the problem in just a couple of days and place your child in an educational institution.
There are many such cases. People do not know their rights and responsibilities, and in principle they are not required to understand all legal norms. And a lawyer for family matters and disputes is trained in this, so he can provide people with all the necessary information not only to resolve legal conflicts, but also to prevent them.
