The three most common examples of a divorced party having to apply for the divorce decree are when the ex-spouse does not provide assistance, transfer property or refuses to make legal visits. As a general rule, the LAG will write a report with recommendations to the judge. Most judges will not read the report until after the trial has started. In the event of a conflict, the LAG may also be dismissed by one or both lawyers. They often reach a compromise after the recommendations have been reviewed. If there is no agreement and the court has to resolve the dispute, the judge reading the report and will likely be influenced by it. The LAG usually also testifies at trial. Most divorce complaints have faultless reasons, irreconcilable differences and reasons for error (the „error“ is most often inappropriate marital behaviour). Although a complaint may accuse inappropriate marital behaviour, this does not mean that a fault becomes a central issue in the case or that the divorce is contested. There are legal grounds for including certain allegations and requests for postponement, which could be successful. One of the most difficult and problematic, but most frequent, situations occurs when children are the only witnesses to a parent`s violent, destructive or offensive behaviour.
Often, the children`s testimony would be the best evidence of a parent`s bad behaviour. Almost all psychologists and judges advise 22 people not to call a child as a witness in a divorce case for one reason or another. There are few experiences that are more traumatic for a child than asking a question about where the answer will hurt one or two parents. Many lawyers agree and will refuse to refer a child to a witness unless it is serious physical or psychological abuse. For example, a parent who is seeking divorce cannot actually apply for custody of a child, but may seek assistance from the child to the other parent. In most divorces, there is a significant amount of work to be done after a final divorce decree is signed by the judge. Examples of things to do are: preparation, execution and submission of Quit Claim Deeds that transfer ownership shares to real estate; Obtaining a real estate refinancing Changing designated beneficiaries for life insurance policies and pension benefits; Establishing, monitoring, executing and presenting qualified internal relationships; The transfer of the title to motor vehicle theft; and the transfer of ownership, as ordered by the court or with the agreement of the parties.