"I would like to get divorced but I need to speak to a lawyer before ..."

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Frequently asked questions from our male clients and precise answers from our attorneys.

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When she makes everything harder for you

What can I do if, during or after the divorce process, my wife dedicates herself to speak bad things of my children and turn them against me?

 

A: It is a serious issue called Parental Alienation Syndrome and should not be taken lightly as it can destroy your relationship with your children forever. You as a parent will always have the right to go to the courts and protection councils so that your children can attend and be cared for by a specialized psychologist, also with the help of our lawyers you can request the Public Prosecutor to issue protection measures in favor of children and initiate relevant research.

 

What can I do if my wife initiates unfounded proceedings before the child and adolescent protection councils and has me summoned every week? It is affecting my work, I must ask permission every week, what can I do to avoid it?

A: The first thing you should do is not ignore, underestimate, or disregard these citations; its repercussions are quite serious and are based on a strategy of attrition. For this reason, at Monasterio Villamizar & Asociados we have a team of lawyers with many years of experience who will represent you and take care of whatever procedure she tries, minimizing the impact on your economic and labor activity. Now while you are without representation or assistance from a specialist lawyer, always remember to mention in the minutes the number of times in a row that you have been summoned, as that multiplicity of calls are affecting your work situation and, even worse, the emotional stability of your children. It always leaves open the possibility for the protection council to contact you by email or through phone calls.  

I am getting a divorce and my wife wants me to leave the house. I can't stand it and I agree but I don't have a place to go, what can I do?

 

A: If the situation is very tense, avoid staying in the house for the shortest possible time to avoid falling into a situation of aggression, talk to a family about your momentary stay at home, while you are solving the divorce. Remember that it is extremely important that you do not leave the home before participating in the court the cessation of life in common, we will take care of this notification.

 

I decided to leave the house because I could not stand my wife and I am not sure that I want to return, now she tells me that this is a “home abandonment” and that she is going to report it, what is true in this? Does that mean I'm obligated to stay with her?

A: You are not obligated to live or remain married to her. In these cases one of our divorce lawyer will be in charge of informing the court of the cessation of life in common, once this is done you can withdraw from the house without adverse legal consequences.

My former partner continuously and sustainably is dedicated to posting messages on social networks speaking ill of me, accusing me of things that are not true, what can I do to stop her as soon as possible?

 

A: These cases are very frequent and must be attended to immediately to limit and minimize reputational damage, our attorneys acting on your behalf and representation will denounce these facts and will request the judge to impose precautionary measures that can stop this behavior from your former partner.

The mother of my children won't let me see them because I have a new partner and she is upset, what do you recommend?

 

A: The personal decisions of the parents should not affect contact with them if their new relationship does not pose a risk to them. Our family lawyers will be able to sue on your behalf the family coexistence regime, remember that it is not only your right, it is also your children's right.

 

The mother of my children you want me to pass the money of the monthly support in dollars due to the effect of inflation, but what if I earn in bolivars? What if I can't get the dollars?

A: You cannot compel him to pay child support in foreign currency. The support obligation is set according to your economic capacity, even though the effect of hyperinflation currently on the economy is a well-known fact, but the payment commitment must be real to avoid default, our lawyers will help you build a proposal that adapts In both needs, you can be responsible and not be in debt.

 

The apartment where we lived when we were married is under my parents' name, now that we are going to divorce, is it true that my parents must give the apartment to her so that she can live with my children and eventually with future couples?

A: False, if the home is owned by your parents, it is not part of the conjugal community, with our advice you will be able to offer a housing solution to your children that adapts to their possibilities without affecting the assets of their parents in this case.

My wife has dedicated herself to talking bad about me at our children's school, affecting my image before other parents, what can I do?

A: That behavior could constitute the crime of defamation and even have criminal sanctions, we recommend that if your behavior is repetitive, it must stop and the best way to do it is through one of our criminal lawyers who will file a complaint against you. of that person.