TYPES AND STEPS TO DIVORCE
Divorce is the dissolution of marriage, while, in a broad sense, it refers to the process intended to terminate a marital union.
In many occasions divorce is confused with marital separation, but in reality they are two figures that produce different effects for the spouses.
HOW MANY TYPES OF DIVORCE ARE THERE?
Two types of divorces are distinguished: those of mutual agreement and the contentious ones.
– DIVORCE OF MUTUAL AGREEMENT:
It is the least damaging way for the parties to carry out the divorce procedure. It is due to the fact that this method is faster and less harmful both economically and sentimentally, in the face of those involved and those who could be affected indirectly (children, for example).
In this case, both spouses agree to divorce.
– CONTENTIOUS DIVORCE:
It consists of a divorce in which the parties do not reach an agreement and therefore, it will be the judge who will have to decide on their marital situation.
In this case, it is not necessary that both parties want to get divorced, so if, despite the fact that your spouse does not want to get divorced, you can do it.
WHAT ARE THE STEPS TO INITIATE A DIVORCE?
Before initiating divorce proceedings, it is important to know the effects and the steps that must be taken. The consequences of divorce are important decisions that, in most cases, are delayed over time. Therefore, a divorce should not be initiated without first consulting a Family Lawyer.
– PROCEDURES FOR AN UNCONTESTED DIVORCE:
- In order to be able to break the marriage bond, it is an essential requirement to have been married for at least three months.
- A REGULATORY AGREEMENT must be drawn up, which is the document where the consequences of the divorce are established. It must contain, at least, the following aspects:
- Children (if any): Custody regime agreed upon by the parents, visits and communications. Alimony and extraordinary expenses of the children.
- Common patrimony: Dissolution of the community property (if any) and its liquidation. Or, distribution and management of the goods, attribution of the family housing and the domestic trousseau and distribution of the patrimonial loads (payment of mortgages, rates and/or taxes).
- Compensatory pension: In case that one of the parts was harmed by the divorce.
- In case of not having common children the divorce can be formalized by mutual agreement via notary: Express Divorce.
- In case there are common children it will have to be done through the courts. For this procedure it is essential to have a Lawyer and a Procurator.
– PROCEDURES FOR A CONTENTIOUS DIVORCE:
- The Lawyer will have to write a demand including the measures that should derive from the divorce.
- To present the demand before the Courts by means of Lawyer and Procurator. It will be necessary to wait for the answer on the part of the Lawyer of the other spouse.
- Unless the proposed measures are accepted, which is not very usual considering that it is a contentious divorce, it will be necessary to go to trial to defend the interests of each part.
- After the celebration of the trial, it will be the Judge the one who dictates sentence.
WHEN DOES THE DIVORCE PRODUCE EFFECTS?
The dissolution of the marriage will be effective from the date of the final judgment declared by the Judge.
HOW IS THE DIVORCE ACTION EXTINGUISHED?
You will cease to be «divorced» when one of the parties dies or when there is an express reconciliation (before the Court) of the spouses.
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