- Legal Articles
- Ask Elhais
March 30, 2017|
Question: I'm an expatriate who's filed for a divorce from my husband and requested custody of my children and financial support. However, the case is taking longer than I expected. I am in serious need of money immediately and I can't wait any longer for the court order. What can I do?
Answer: During the case, if a husband is not supporting his wife and children, the wife has the right to request from the judge provisional alimony on a monthly basis until the outcome of the case is determined.
It is important to note here that, in accordance with article 68 of family law 28 of 2005, provisional alimony is self-executed by the force of law, which means that any objection or appeal raised by your husband would not suspend or freeze the execution of the decision.
If the judge decides on an amount that you are not satisfied with, the law also gives you the right to appeal the interim alimony decision and request that the appeal court increases it. If your husband is paying these temporary expenses, there is a good chance he will ask to get whatever he has paid deducted from the amount of alimony decided upon when the case reaches the execution stage.
Question: I'm in the middle of a divorce and, surprisingly, I found that the court offered that my husband and I reconcile, but neither he or I requested this. Is this normal?
Answer: In accordance with article 98/3 of law 28 of 2005, "the court shall try to reconcile the spouses before it decides to separate them". According to paragraph two of the same article, "separation shall occur between spouses by divorce, dissolution or death".
So, by law, the court had to offer both parties an option to reconcile. It is important to bear in mind that you do not have to accept this offer and refusal of such offers will not have a negative effect on your legal position.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.