My Husband Wants a Divorce – Examine Your Role in Your Marriage through Six Questions

My husband wishes for a divorce”; that is a hard fact you have to accept regardless of whether you like it or not. Yet, it doesn’t have to ended that way. Here’s six questions you should consider to help you save your crumbling marriage.

Before the darkness of the night puts her into pensive mood, she looks at the ring around her finger. It was right there at the porch where he proposed to her. No, it wasnt like the movies. He brought nothing else to make the ambiance more romantic but still, she found it the sweetest thing he had done for her. But as she stares at the ring again, a teardrop falls onto her hand. Theyve had big fights recently. Musing on his gestures, justifications and preferences, she concludes, “My husband wants a divorce.”

Giving in to separation seems to be the easiest way out. But a wife who values the sacrament of matrimony will ask herself how she can satisfy her husband in different ways. In evaluating her role in their union, she must answer the questions stated below.

Do you thank him for addressing your familys needs?

Mens role in our society centers on providing for their families. Centuries ago, they go hunting in the forest and bring food for their families. Presently, with our gender fair programs, it may not be as emphasized as before but still, they would like to attain that feeling of accomplishment and pride for attending to the needs of his loved ones.

Do you give him enough silence?

Women tend to talk much more than men. When they are strained, confused or contemplative, they need minutes to think by themselves. Though this makes them difficult to figure out, they consider the quiet time golden. If he doesnt feel like chatting, dont force him. Though he isnt verbally communicating, he is still thinking.

Do you directly say what you want?

Another difference between men and women is how they convey their message. The former are straightforward while the latter beat around the bush. This unlikeness causes serious arguments and worse, it makes some wives say, “My husband wants a divorce.” Refrain from making long introductions or from letting him read between the lines always. Cut your introductions short and dont let him decipher your coded words. As much as you can, dont be ambiguous. You can still do it with tact.

Do you sometimes make the first move in lovemaking?

Lets face the fact that sex is important for men. Women who are boring in bed disappoint them. If you are too tired to make love, all you have to do is explain and be understood. Moreover, men dont want to be in the driving seat always. They want their partners to do their share of first moves as well. By the way, men love sexy underwear.

Do you let him hang out with his friends?

Like women, men need the company of friends. Talking about sports, cars, art and current events over some bottles of booze makes them realize there is a world outside their home. Dont get easily jealous with the time he spends with his friends. Otherwise, hell think you want to control his life.

Top Divorce Questions

Filing for divorce does not require justification in many states. However, divorce law varies from state to state, and that can make it daunting for most people. Most divorces are emotional and stressful experiences even without the legal complexities. Naturally, questions about divorce are among the most common on sites like JustAnswer. Below are a few of the most frequently asked divorce law questions. Is a lawyer necessary while filing for a divorce?
If both parties are in complete agreement, there may not be a need to retain a lawyer. In most cases though, disagreements and misunderstandings can start after the divorce. This can be because all aspects and implications of the divorce were not foreseen and addressed beforehand. Retaining a lawyer can help you address many of the issues that may come up in future. Also, divorce law can change from state to state, making it a practical and wise decision to retain a lawyer at the outset.

Can a spouse contest a no-fault divorce before it goes to court?
A no-fault divorce application can only be filed when both partners agree completely. Most states do not even require you to have a reason or “grounds” for divorce if both the partners are in agreement. When a divorce application is filed, regardless of whether it is a no-fault divorce application or not, it can be contested by either of the partners before the final divorce decree is signed.

What can you do if a respondent violates a court ordered divorce decree?
You can consider filing a petition for contempt of court. The petition would have to be filed at a court in the state where the divorce was granted. The severity of the violation and the law of the state will determine what legal action you can take against the violating respondent.

Filing international divorce
A divorce can be filed regardless of the geographical location of your spouse as long as you are a resident of the state where you file for the divorce. Once you file for a divorce, a summons would have to be served on your spouse. If you do not know the exact location of your spouse, you should ask a lawyer. There could be other recourse that a lawyer would be able to recommend depending on your exact situation.

Do you need to file for divorce in the same state that you have a prenuptial agreement in?
You should file for divorce in the state you currently reside in. Different states have different stipulations about how long you should have been a resident in the state before you can file for divorce. The courts in most states will recognize the pre-nuptial agreement from a different state, as long as it does not conflict with other local or state laws.

The legal procedures of filing for divorce can seem daunting and confusing at times. Depending on how well informed you are about the divorce law in your state; the process can either seem simple or very traumatic. Questions about your specific situation are bound to arise in most cases. At such times, you can ask a lawyer on JustAnswer and get quick answers specific to your situation and the laws in your state.

Alleging grounds for divorce Spain

Most countries have varying rules and procedures when it comes to the process for applying for a divorce. Usually this is on the basis of socio-religious grounds and it may be argued that a countries moral and religious norms are reflected in the requirements it enacts for a divorce to be applied for and approved.

Prior to 2005 the legal rules in Spain made it obligatory to offer appropriate grounds for making an application for a divorce. Spain has, however, passed new legislation (Ley 15/2005) which utterly renewed this entire tract of family law and in addition, in so doing, did away with a lot of the old obligations.

For that reason it is no longer imperative to be dependent on the normal allegations drawn on pre-2005 such as drug addiction, alcoholism, infidelity and cessation of matrimonial cohabiting. Now it is merely imperative that three months have passed from the time the marriage took place in order for a divorce to be applied for by either or both of the spouses. No motives are required besides an inclination by one or both of the spouses to part company.

The justification behind the changes was to streamline the system and bring a scintilla of modernity to the fundamental essence of the law in this area. So, either or both of the spouses may write a petition for a divorce and, if there be an agreement as to the important issues therein, may reach the prerequisites for a new process established by the legislation, that is normally known as Express Divorce.

‘Express divorce’ permits a faster, less expensive and simpler mechanism for a couple to divorce. A vital element of the Express Divorce mechanism is that there be an accord between the spouses, both as to the need to dissolve the marriage as well as to the precise specifics of the divorce. This takes the form of a written and signed agreement or Convenio.

When these issues have been agreed then it is just a matter of employing a lawyer who will write up the agreement formally in the form of a Convenio and have this submitted to the relevant court with the required additional documentation.

The Characteristics to Look For in a Divorce Attorney

After all the basic proceedings and other formalities of a marital breakup, a good divorce attorney is needed. Thus, it is vital to start looking for the most excellent San Diego Divorce Lawyers as soon as possible. To find such an expert it is necessary to look for the important characteristics that one should have, in order to achieve optimistic outcome. Below are a few factors that are found in common in some of the best San Diego Divorce Attorneys.

Knowledge, Skills and Practice:

Knowledge, skills and practice, are all the 3 aspects that are always present in an experienced lawyer or attorney as it proves their capability and power of handling different types of cases. Therefore, looking for an attorney that is much more experienced with cases similar to yours will do the trick for you. Because they are much familiar of those cases and there are more chances of better case handling with such lawyers than the others. There are many lawyers who are greatly competent in spousal support cases but the same lawyers are incapable of conducting property division cases. It completely makes sense; therefore, it is vital to search for the right experts.

Competency:

There are numerous fields and subjects of a divorce case i.e. spousal support, property division, child support, enforcement orders and legal counseling, a lawyer who is trained for the most of these subjects and is an expert of handling a majority of such multifaceted cases should only be hired, as they are the only professionals who can help you attain the control of almost 100 percent of this situation. Monetary man wishes to have more of the property while the parent-side of the same person wants to support his child, if an incompetent lawyer is chosen he may be able to get you one or two of the mentioned aspects while the control to others will be completely lost.

Easy-To-Get-To:

Because such cases are one of the most delicate ones, lawyers should be very much reachable. Check by faxing, mailing, calling, and contacting them by other means. If they respond promptly then, accessibility is assured. These cases can take solid turns at any minute, about which the lawyers should be notified right away to lead the case positively; this reason defines this factor as the foremost and primary characteristic. Other than just timely response it is important to see if they are punctual with the time they give for meetings and appointments.

With all these characteristics, it is also important to see what people say about these San Diego Divorce Attorneys and Lawyers. This can be done by reading reviews online. These reviews are written by their clients who have won, lost or partially taken over their cases; they are enough to know about the lawyer’s strong and weak points and what their specialty is. This kind of research may consume a few hours but it is necessary to read several review before trusting as such cases usually do not appear more than once in a lifetime.

Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

The Seven Deadly Sins Of Divorce

SPEAK OUT OF TURN DURING COURT. Each judge has a system, and that system is their way of maintaining orderliness in their courtroom. Honor the system, or you may damage your credibility with the judge.

#6 ASSUME YOUR SPOUSES SILENCE MEANS AGREEMENT. A woman left her soon-to-be ex-husband a voicemail, telling him she would not sign the Agreed Decree for divorce because its terms were unfair. She requested extra time to file a response. Although her husband did not return her call, she was absolutely certain he would grant her the extra time.

Instead of granting her the extra time, her husband proceeded with forging the womans signature on the Agreed Decree, hoping it would be finalized and he would be able to enforce its unfair terms against the woman.

What is the point of this story? Do not assume your spouses silence means he/she is in agreement with you.

#5 FAIL TO FULLY RETAIN YOUR DIVORCE ATTORNEY. Your divorce case will be fact-intensive and will involve time. Once you get to the half-way point of the divorce process, your attorney will be intricately involved.

Fully retain your attorney, or you may have to find a new attorney, which would set your case back significantly.

#4 USE PROFANITY IN THE COURTROOM. Inside of the courtroom, there is a high level of decorum that the judges bailiff, the judges clerk, and the judge himself will expect you to honor. Refrain from using profanity in the courtroom.

#3 HOLD YOUR CHILD FOR RANSOM. You may have heard of a case like this: Per a Temporary Agreement, mom has custody of her six-year-old son, and dad, who lives out of state, gets him during school breaks and holidays. Everything goes okay until the end of Christmas break, when dad fails to show up at the agreed-upon meeting point to return son to mom. Dad wont return moms frantic phone calls. Dad calls mom the next day, saying son will be living with him, and if she wants to see him again, she will have to agree to new terms.

At the point when dad uttered those words, he committed Contempt of Court. Withholding your child from your spouse in exchange for more favorable terms is against the law and will be punished. Do not hold your child for ransom against your spouse!

#2 DO SOMETHING DRASTIC. Here is a checklist of “drastic” mistakes spouses sometimes make:

Leave a voicemail, or send an e-mail or note to your child, bad-mouthing their mom/dad.

Bribe your child (candy, an X-box 360, etc.) so that the child will tell the judge he wants to live with you.

Hide, or ask a friend to hide, your marital assets.

Hire a friend/co-worker to spy on your spouse.

Forge signatures/documentation.
When in doubt about the proper action, always ask your divorce attorney.

#1 LIE TO THE JUDGE WHILE UNDER OATH.

Contested Divorce in Thailand Ending a Marriage under Thai Law

Under section 1501 of the Thai Commercial and Civil Code a marriage in Thailand can be terminated by one of three different methods.

1. Death of a spouse
2. Cancellation by Court
3. Divorce

1. Death
The death of one of spouse is easy to understand.

2. Cancellation By Court
Approaching the Court in Thailand to cancel a marriage is not frequently brought into being. It is only in special cases with extremely good reason that the Court can be approached to cancel a marriage. This is eligible in circumstances where the plaintiff becomes aware of facts or factors relating to the marriage or the defendant that he or she was not aware of before the marriage. The facts or factors need to be of such nature that the plaintive would not get married if he or she were aware of these particulars before the marriage.

When the Court cancel a marriage it is not regarded as a divorce and it is considered that the marriage never took place.

3. Divorce
According to Thai Law, there is no differentiation between Thai nationals and foreign persons. Not considering a persons nationality, under Thailand Law, all inhabitants are acted towards in the same way.

Two forms of divorce can be obtained in Thailand:
1. Contested divorce
2. Uncontested divorce

Contested Divorce
A contested divorce can be requested by one of the parties for one or more of the following reasons that you will found under section 1516 of the Thai Commercial and Civil Code:
A different female is awarded status and is maintained as the wife of the husband and/or adultery is committed by one spouse
One of the two parties to the marriage has committed a crime and is found guilty or other form of misconduct.
One of the two parties have caused severe mental, emotional and or physical injury to the other party or have severely affronted the other party and or one or more of this parties family.
One of the parties to the marriage has forsaken his marriage party for a period that exceed one year.
One of the parties to the marriage has been sentenced to a prison term by Court and has been in prison for longer than a 12 month period, provided that the plaintive is not guilty of any involvement, approval or aware of the crime or misconduct of the defendant. Moreover that should the parties remain married and live together the plaintive will suffer undue harm or tribulation
Both parties, out of own accord does not live together any more for a period longer than 3 consecutive years.
One of the parties to the marriage are believed to gone astray, and or left the mutual residence for longer than three years. In addition it is not ascertainable if the person is still alive.
Be deficient in maintaining a marriage.
One of the parties has been declared to be in poor mental health for more than three consecutive years with no prospect of recovery.
One of the parties has failed to remain committed to the bond of good behavior.
One of the parties is be diagnosed with a transmissible and contagious hazardous illness which is not curable and that can result in harm to the other party.
One of the parties are affected by a physical impairment to such an effect that it is not possible to enduringly live together as husband and wife.

The Procedure for a contested Divorce:

1. A petition must be filed at the Court
2. Where claims of monetary compensation are applicable (like getting back 50% of the “common” or “marital property” called “Sin Somros” in Thai) a deposit of 2% of the value of the claim must be paid to the Court.
3. If the ruling is made in your favor, judgment can be made that the other party must pay back the deposit.
4. In the event where children were born out of the marriage, you will first have to go trough juvenile division proceedings that will provide the court with a report in this regard.
5. When parties can not agree during the negotiation session in Court, a trial date will be set.
6. The burden of proof is on the plaintiff and the plaintiff must be present during proceedings. Should the defendant do not attend, only the evidence presented by the plaintiff will be taking into consideration.
7. This process can take between 3 to 12 months in normal circumstances. That doesnt include appeals.

There are 3 main tasks that the Court will:

A) Verify is there is enough evidence about the ground. If not, the Court wont grant a divorce and it will stop.
B) If there is enough evidence to divorce, the Court will decide about the children of the couple. If there arent any children, then it goes to next step. The Court will rule according to the best interest of the children.
C) The Court will separate the common property between spouses in 50-50%. In cases where adultery is the ground, a Thai court can also allows damages to be paid if damages are claimed to the Court.

Adjusting To Your Divorce

Parenting through divorce presents new and changing relationships for everyone. Adjusting to the process of letting go of the concept of the two-parent family and accepting the idea of new relationships takes time. Take the time to go slow when initiating a new relationship to give children time to deal with different lifestyles and eventually the possibility of an extended family. Rushing into dating may be viewed by your child as competition for your love and attention. Old fears of abandonment may surface as the fantasy dissolves that the divorcing parents will unite. As a result of the divorce, some children lose trust in adults and are slow to accept a new adult into their life. It is important to talk to your children about their feelings and their role in the new step-family. Communication, reassurance, and time will help your child make the needed adjustment.

Before dating, give your children enough time to adjust to the idea that mom and dad will be seeing other people. Make your activities with your date a part of a group function. Starting your social life with friends the children already know may also help them get the point that you are dating. In the beginning of a new relationship, meet your dates away from home to avoid having a number of different people in your home and your child’s life. Your child had lived through difficult changes and should not be asked to adjust to something else this significant unless it is necessary. Choose with care whom you let get close to your family. Before you introduce them, let your children know the nature of your relationship. Begin with a few short outings to take the pressure off forced conversation. If it looks as if the relationship will be long term, outings can gradually become longer. It is important to reassure your children of your love for them. They are less likely to accept someone they perceive as a threat to their relationship with you. It is crucial that they know that the person is not a replacement for their absent parent.

Get The Best Divorce Lawyer In Adelaide

It’s stated that marriages occur in heaven. Nonetheless, they flip to hell on globe in sure unfortunate occasions. Moreover, the frequency of occurrence of this kind of incidents is rising a bitter reality these days. Nevertheless, maintaining the fact that marriage is often a holy institution, we should admit that there is no level in bearing the pain and sufferings when there may be no enjoy still left for the other person inside a marriage. Our divorce lawyers in Adelaide can allow you to take care of this kind of challenging scenarios.

There are instances in the marriage when a single realizes that he or she cannot go like this permanently and decides to fit an conclude to it. Divorce will not be an straightforward point. There are several psychological factors attached. It desires to generally be handled with utmost consideration and caution given that it truly is a sensitive concern.

Our lawyers know the gravity of this sort of troubles and hold the encounter of decades behind them. This enables them see items in a rational way and kind out the difficulties concerned. You’ll find a lot of difficulties concerned in a divorce such as little one custody, division of house, alimony etc

You would like to acquire a lawyer whom you can rely on and who will supply you with all the proper recommendation you wish at that time. This is specifically what it is possible to get from our lawyers. There might be disputes over the custody of baby and matrimonial house. You need to get very practical and consider sensible determination at that time.

The lawyers in Adelaide are the top whom it is possible to rely on and get expertise within the most snug and easier way. The last thing you desire when you will be below emotional strain is to end up trapped in legitimate complexities. We deal factors in this kind of a way that you can have minimum difficulty with any lawful matters concerned.

Nonetheless, it has for being admitted that it really is constantly far better if you are able to keep away from a divorce. We make an effort to talk with both the events and convince them in cases in which a reunion is feasible. Nevertheless, if a separation is unavoidable we help you allow it to be carried out with minimal hostility between functions and with the bare minimum appropriate fees.

Guatemala and Enforcement of Foreign Judgements

Executive Summary What we are going to discuss here is whether or not a creditor can come to Guatemala with a judgment from a foreign (Non Guatemala) court and enforce it or make it collectible in Guatemala. We will look at the complications involved and the chances of success which are miniscule at best. I would like to point out that this is a topic not covered by our competition. There are collection law firms that discuss international judgement collection but they are trying to sell their services. In spite of this I have never seen one collection law firm getting enthusiastic about collecting foreign judgements. It is best done through a treaty which Guatemala does not have with any country. We will discuss the matter in depth below.
What is a Judgement A judgement is a decision from a court based on a trial or it could be based on a summary judgment where there was not trial held because the odds of success for the defendant were so small the court just goes ahead and railroads him. Sometimes this happens because the defendant can not afford a legal defense. This is prevalent in the USA. In this discourse we are addressing judgments for money damages. A judgement can have other aspects to it like an eviction proceeding ordering one to leave a house. It does not matter if it is a local court or a national court for this discourse. This is because Guatemala has no treaties for enforcement of foreign judgments but more on this later. The court would need to be contained in a country that Guatemala has diplomatic relations with. Guatemala also insists that the country of the judgement allows Guatemala judgements to be enforced in that country.
What is Not a Judgement A tax lien is not a judgment. Tax liens can come from local or national governments. There is normally no trial preceding a tax lien. There was no judge, no jury, no due process, no right to defend yourself, no attorney present for the defendant, no right to examine your accuser, no chance of jury nullification, etc. This is a government administrative procedure that is not enforceable offshore in other countries. A tax lien would need to be reduced to a judgement by filing a lawsuit in a court of appropriate jurisdiction in the home country. It would be like any other lawsuit. The defendant would have the right to present a defense and have a jury trail. Such a judgement would also then be dischargeable in an ordinary bankruptcy case. Tax liens are practically never converted into a judgement for these reasons and of course the expense involved, time delay to go to trail and so forth.
Guatemala Has No Treaty for the Enforcement of Foreign Judgements It is good that Guatemala has no such treaty. If a treaty like this was present the process of collecting a foreign judgment would be simplified. The judgment itself would be sufficient evidence to proceed with collection. With Guatemala, foreign judgements are anything but a cost effective easy thing to collect on.
Guatemala Corporations and Foreign Judgements Before we get into the ins and outs of the nightmares associated with collecting foreign judgments in Guatemala lets look at the initial problem a judgment creditor would face. We always have our clients use corporations for asset protection. This applies to banking, real estate, cars etc. We prefer to start with fresh corporations formed in the jurisdiction as long as they are anonymous bearer share corporations. Guatemala has very anonymous bearer share corporations. The names of the owners of the corporation do not appear in any public registry, database and the government does not know who owns the corporation. In places like the USA where the legal system has run amuck you will hear a lot of talk concerning piercing the corporate veil. This piercing the corporate veil tactic is nasty and effective in the USA. Try it in Guatemala and you will fail and have one angry judge to deal with who will be less than appreciative of your attempts to import sleazy legal tactics from the USA into his or her courtroom. The corporate veil is not going to be pierced for foreign cvil judgement collection matters. So how does the creditor attack real estate or a bank account owned by a corporation in Guatemala? He doesn’t! You are the owner of the corporation but he does not know that and cannot prove that. Ownership of Guatemala corporations is not in any public registry or database. Going to court and saying well the judgment debtor wired funds from his home country bank account to a bank account owned by this corporation, is not going to prove a single thing in Guatemala regarding corporate ownership. The judgment debtor may have invested in this corporation, he may have bought real estate from this corporation or bought a boat, a plane a car, etc. It does not prove any ownership. The judgement creditor is not going to be able to get into any Guatemala banking records using a foreign judgment as grounds. Guatemala has serious bank secrecy. You must understand that in Guatemala a corporation is a free standing judicial person (artificial person) that has its own assets and liabilities. Your liabilities are not the liabilities of the corporation. This means personal debts do not transfer over to a corporation.
Fraudulent Conveyance The catchall used to attack offshore bank accounts is fraudulent conveyance. A fraudulent conveyance references activity where funds or assets were removed from a jurisdiction to prevent a creditor from recovering the debt. The term can also apply to transferring title of real estate or a car to another to keep it from being attached by a creditor. Panama allows a creditor to pursue a fraudulent conveyance action based on a foreign judgment and this even applies to their foundations. As a comparison Guatemala is not a fraudulent conveyance friendly jurisdiction. Such cases are seldom ever heard of in Guatemala because the chances of success are extremely slight. The plaintiff would need to show that the transfer was specifically designed or intended to remove the assets from the reach of the creditor. If the defendant could show this was not the case then there is no fraudulent conveyance. The money could have been moved to say a Guatemala corporation to pay for services, goods, make an investment, buy a residence, invest in real estate, buy a boat, and so forth. Please bear in mind that in Guatemala the creditor is in the dark. He cannot just subpoena bank records like in other countries. He has no idea who owns the corporation. There are a lot of just about insurmountable obstacles in the path the creditor has to follow. This is why we do not really see these cases in Guatemala.
Foreign Judgement Enforcement Complications in Guatemala There are a lot of conditions that need to be met to enforce a judgment in Guatemala from another country.
Default judgments are not enforceable in Guatemala. The defendant must have been served personally. This means a live process server gave them the legal papers. If the service was by mail, by courier, by publication it invalidates the entire lawsuit and judgement as far as Guatemala is concerned. Dropping the papers on the doorstep or taping them to the door is not going to work. This right off the top eliminates a large amount of judgements.
The judgment must be final in that there is no more room for appeals. This is usually going to mean a few months in most cases.
The court that issued the judgment has to have had proper jurisdiction over the matter. Frivolous cases filed in foreign jurisdictions with incorrect venue or authority are not going to be enforceable. The debtor can always argue that the jurisdiction or authority the court asserted is incorrect. This can then make it a triable issue of fact in the Guatemala courts. The defendant would try to get the plaintiff to retry the entire case in Guatemala if he could not find another way to dispose of the matter. To do this means two sets of lawyers for the plaintiff, one in Guatemala and one from the foreign country. Think big money. Remember that Guatemala has no treaties for the enforcement of foreign judgments. This opens up the playing field to counter attack the plaintiff attempting to collect the judgement. When there is a treaty the judgment itself stands as admissible evidence and the grounds for objecting are most limited.
There is no enforcement if no such claim would be possible under Guatemala law. Guatemala will refuse to enforce the foreign money judgment if the claim on which the foreign judgment is based could not have been brought in Guatemala. The foreign case has to be consistent with Guatemala law. Guatemala law is not as crazy as USA, UK law. If you were sued for sending out faxes that were unsolicited, this judgment would be void in Guatemala since they have no such law in Guatemala. Many USA lawsuits are for civil violations that are absent from Guatemala law and thus not enforceable in Guatemala. This means the foreign attorney will have to retain foreign counsel to review the case and see it is consistent with Guatemala law. Can be expensive. He may have to have the entire matter translated into Spanish by a certified translator at a cost of $10 to $15 a page. Some cases are hundreds of pages. Then the Guatemala lawyer has to read the case which means billable hours. He will ask questions to the foreign attorney so now we get into double billable hours. In any event to enter the judgment into the Guatemala court system in an effort to collect there would need to be a translation of the judgment into Spanish. Then when the debtor started making objections the entire case file would most likely need to be translated into Spanish.
If the judgment was for contempt of court it makes the judgment not valid in Guatemala. This sort of judgment would not be collectible in Guatemala.
The judgment has to not be for default. In other words if you failed to respond to a foreign court action and were in domicile in Guatemala and they got a summary judgment that would not be a valid judgment.
More Foreign Judgment Collection Obstacles in Guatemala The creditor wishing to collect on a foreign judgment in Guatemala is basically on a financial mission, to collect funds. His path is like walking through a minefield. He can hit a number of unexpected or hidden tactics presented by the debtor that will make a financial recovery very unlikely.
First, we have to look at the appeals process open to the defendant. These are the things a creditor will be advised to consider before proceeding with an expensive and time consuming foreign judgment matter in Guatemala. Please bear in mind the defendant (debtor) can appeal any negative decision from a lower court two ways. The defendant can appeal to the Supreme Court claiming the law was not followed correctly applying any of the above noted objections, or all of them. He can also claim procedures were not followed correctly. He can claim the case is not consistent with Guatemala law. He can attack the way he was served. There are many things he can do. He can even file a counter claim against the creditor. The other appeals option is to appeal to the special Constitutional Courts Guatemala has to just decide constitutional issues. How hard would it be to argue that the defendant had some constitutional rights violated in the process somewhere.
If all that fails after years of waiting for the process to work its way through the courts, then there is the bankruptcy option. Guatemala has a complex bankruptcy court system that could be utilized for shelter from creditors. Using these appellate processes is going to run up the bill for the plaintiff substantially. Without the appeals system, the time required for cases can run up to the 3-5 year mark easily. Then add in appeals. and the bankruptcy for even more years. The plaintiff could conceivably go broke or die of old age before the appeals process runs out. They might recover nothing especially if a bankruptcy is used. The plaintiff might never prevail. The expenses involved could be more than the amount of the judgment. By the time all the appeals are used, the time limit for the judgment may have expired (7-10 years usually) and then the case could be dismissed because the judgment is not longer valid, thus not enforceable. And on and on it goes. Such collection efforts are indeed rarely ever seen in Guatemala.
Summary If you have read this you are looking for a secure offshore asset protection jurisdiction and structure. We have several excellent options. Please bear in mind the perfect jurisdiction and structure does not exist. There is always going to be a give and take scenario. We have managed to isolate a few excellent options but there is no perfect solution that meets the needs of everyone. We do try though!