Family DisputesIn the judicial system, due to the special significance of the family institution in Iran, family disputes are among the most critical cases. Furthermore, because individuals’ emotions significantly influence these disputes, tensions are higher, making legal knowledge and awareness of the best legal strategies crucial to reducing the material and spiritual costs for both parties. We will discuss the most critical family disputes andthe best legal solutionsfor each of them.
Types of Divorce and the Lawyer’s Role in It
Divorce can be either regular or mutual. Due to the unique proceedings designed for each type in the judicial system, individuals face different challenges in both, and the role ofthe family lawyerin each case differs.
Regular Divorce
The process of handling a divorce lawsuit instigated by either spouse is more complex and lengthy than mutual divorce. Consequently, the defenses presented by both parties are of great importance. For these defenses to be valuable in the eyes of the court, they must be based on legal texts and the rights of the spouses per the law, presented in a well-reasoned manner.Family LawyerSpecifically, a divorce lawyer plays a significant role in helping individuals achieve their objectives in this dispute.
Mutual Divorce
Handling mutual divorce is simpler as couples determine and agree on the legal rights arising from their marriage contract. However, it is essential to have a complete understanding of your legal rights for this agreement, and you can seekthe consulting services of family lawyersfor assistance. Additionally,the family lawyercan expedite the legal process with continuous monitoring of the case.
What Should We Do to Gain Child Custody?
Child custody is one of the matters where the law clearly outlines the obligations of individuals. According to legal provisions, custody of a boy is with the mother until he is two years old, and a girl until she is seven years old, after which custody transfers to the father until the child reaches maturity. Nevertheless, numerous disputes regarding custody are frequently brought before the courts. The best course of action is to collaborate withspecialized family lawyersto prove the other party’s unsuitability for custody and initiate custody proceedings.
The Best Legal Solution for Obtaining Dowry and Alimony
One of the primary financial rights of the wife isdowryand subsequentlyalimonywhich should be claimed through a legal petition to thefamily courtThese petitions are now registered in electronic service offices and referred to the competent court. However, non-payment by the husband might complicate these cases. Therefore, from the very beginning, it is advisable to entrust the oversight of your dowry or alimony case tofamily lawyersto ensure that documentation and evidence are properly presented so that you can swiftly obtain your financial rights.
Inheritance Distribution and Determining Shares of Heirs
When a person passes away, their remaining assets are first used to settle any debts incurred during their lifetime, and only if there are assets left will they be distributed among the heirs. Heirs are assigned specific shares of inheritance based on their classification and whether they are male or female, as stipulated by law.Inheritance ShareTo prevent various legal disputes from arising after the distribution of inheritance, it is better to entrust the distribution of assets to an experienced lawyer specializing in inheritance matters. If a legal dispute arises in this area, you can seek help fromfamily lawyersfor resolution.
In What Cases Can Divorce Be Requested by the Wife?
The request for divorce can be made by either the husband or the wife, each having different conditions. A wife’s request for divorce must have justifiable reasons unless power of attorney for divorce has been granted to her. Some of the most significant reasons for which a wife’s divorce request may be approved includethe husband’s addiction to drugs or alcohol, proven hardship, the husband suffering from terminal illness, failure to provide alimony, etc.However, it is essential to know that proving such matters in court is not straightforward and requires legal knowledge and practical experience, making it advisable to consult lawyers with adequate experience in this field.
The Lawsuit for Compelling Cohabitation and Its Legal Effects
Cohabitation means the wife’s consent to maintain marital relations, and this responsibility falls upon her.Refusal to Cohabitby the wife may serve as grounds for a divorce request by the husband. However, alawsuit for compelling cohabitationmust be presented to the court first, and if disregarded by the wife, the divorce will be granted. The husband will need to prove the wife’s refusal in court. The best legal course of action for this dispute is to consult forensic experts and obtain certification; however, it is also necessary to pay attention to family lawyers’ advice in this matter.
