Divorce
Divorce is the legal means of bringing a marriage to an end and may take place through the means provided for by law, including through the courts or, under the conditions of the law, through a notarial or administrative procedure. Depending on the specific situation, the divorce procedure may involve settling matters concerning the exercise of parental authority, the establishment of the child's residence, the contact arrangements with the child, child maintenance, the name used after the divorce and the division of jointly owned assets.
Depending on the particular features of each case, the legal services may include assistance and representation in the divorce procedure, the drafting of the statement of claim, statements of defence, appeals and other procedural documents required to protect the rights and interests of the parties. Where there are minor children, the legal analysis also takes into account the measures concerning the exercise of parental authority, the establishment of the child's residence, the contact arrangements and child maintenance, with observance of the principle of the best interests of the child.
The divorce procedure differs according to the existence or absence of agreement between the spouses, the existence of minor children, the family's patrimonial situation and the other circumstances specific to each case. Depending on the particular features of the situation, the divorce may be settled through one of the procedures provided for by law. Each case must be analysed in relation to the facts, the existing documents and the applicable legal provisions, in order to establish the appropriate legal strategy.
Experience gained in handling divorce procedures shows that each case presents legal and personal particularities that call for careful analysis and a tailored strategy. Managing the documentation and the procedural steps allows the procedure to be conducted within a clear legal framework and reduces the difficulties generated by the legal formalities.
Frequently asked questions
Can I divorce if my husband or wife does not agree?
Yes. The lack of consent of one of the spouses does not prevent the divorce from being granted, if the conditions provided for by law are met. In this situation, the court analyses the reasons invoked, the evidence adduced and the other circumstances of the case, and delivers its decision in accordance with the applicable legal provisions.
Can I divorce if one of the spouses is abroad?
Yes. The fact that one of the spouses is domiciled or resident abroad does not prevent the divorce procedure from being conducted. The applicable procedure and the documents required differ according to the particular features of each case and the applicable legal provisions.
What happens if we have minor children?
Where minor children have resulted from the marriage, the court rules on the exercise of parental authority, the establishment of the child's residence, the contact arrangements with the child and child maintenance. All these measures are established with observance of the principle of the best interests of the child.
Can I request, as part of the divorce, the establishment of the child's residence, child maintenance and contact arrangements?
Yes. As part of the same divorce procedure, claims may also be made concerning the establishment of the child's residence, the exercise of parental authority, the contact arrangements and child maintenance, under the conditions provided for by law.
Can I request the division of jointly owned assets together with the divorce?
Yes. Under the conditions provided for by law, the division of jointly owned assets may be requested together with the divorce or through a separate procedure. Choosing the appropriate option depends on the particular features of each case and the objectives pursued.
Can I keep the name acquired through marriage after the divorce?
Yes. After the divorce, the name acquired during the marriage may be kept without the consent of the former spouse, in accordance with the recent amendments to the Civil Code.
Is my presence mandatory at every hearing?
The need for personal presence differs according to the nature of the procedure, the stage of the case and the applicable legal provisions. In certain situations, representation by a lawyer makes it possible to carry out procedural steps without the party being personally present, under the conditions provided for by law.
How long does the divorce procedure take?
The duration of the divorce procedure depends on the way it is settled, the complexity of the case, the existence of claims concerning minors or jointly owned assets and the time limits set by the competent court. Each case is resolved according to its particular features and the applicable legal provisions.
Can I divorce without appearing in court in person?
Depending on the particular features of the case and the applicable legal provisions, certain procedural steps may be carried out through representation, without personal presence at every hearing. The need for the parties to be present is analysed in relation to the procedure followed and the measures the court is to order.
What documents are required for a divorce?
The documents required differ according to the way the divorce is settled and the particular features of each case. Depending on the specific situation, civil status documents, documents concerning the minor children, documents relating to the jointly owned assets and other documents relevant to resolving the case may be required.
What is the difference between a divorce before a notary and a divorce in court?
The way a divorce is settled differs according to the specific situation of the spouses and the conditions provided for by law. Depending on the existence of agreement between the spouses, the situation of the minor children and the other circumstances of the case, the divorce may be settled by notarial, administrative or judicial procedure.
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