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Tuesday, 26 April 2016 15:17

FAQ: All About Divorce

In this article you will find all the detailed information about the divorce. In our law firm, we work with family law cases in this branch of law.

Every day we have a particular case of heritage separations by the effect of the dissolution of family ties, and that is why, in all the issues that exist in this branch of law, we will collect among many frequently asked questions that specialists SF lawyers solve every day.

 

If you want to know all the information of family law, see our article first.

1.What is divorce?

Divorce is the legal process by which it is terminated at the end of marriage, the rights and obligations that one day promised in the legal declaration of partner.
In addition, this process includes the annexes to union issues, such as child support (if one exists), the division of common property (where are the cases that more problems cause the separation of the goods), and economic compensation if necessary for unemployed spouses.

2.What first need to do to get divorced?

The first thing to do is, submit the appropriate legal action (demand) in the corresponding Family Court you, and ending at the end of marriage.
You must submit a legal action (demand), by which it is asked to Family Court to declare the term marriage.

3.Do I need a lawyer to handle always a divorce?

The answer is unknown. Since there are many types of divorce, and each is very different from another, should as far as possible have, with a professional who control and have all the information on hand so you do not have to resort to more disadvantaged actions carelessness, or unconsciousness.
Having professionals is always better than doing things by following a few basic guidelines that can define under a general case of separation.
In addition to complete the formalities that corresponding to the Family Court, it is mandatory that figure, unless the court makes an exception for serious reasons.
Parallel to this last point, the legal action to be present, may be different depending on which of the two makes divorce.

4.Under what circumstances can ask for a divorce?

A previous lawsuit the family court can be attributed three situations:

  1. Divorce remedy - Bilateral

Both persons apply for the termination process of coexistence between both spouses.
For this to be so, it has to demonstrate a minimum of one year of living together. In this situation everyone will accompany the prosecution, an agreement detailing the issues attached to their divorce explained previously (Handling, separation of property and assets, financial compensation, etc.), and the final relationship with the children ( in case any), who is responsible for them and how they relate to the parent who is not.

  1. Divorce remedy - Unilateral

Unlike Bilateral, this is only necessary that one of the two ask the sentence, and will need proving in court that the cessation of cohabitation has occurred over more than three years. Thus other approval is not necessary. Since there is no agreed agreement, the whole relationship of the situation dictated in divorce, shall be governed by the judgment of separation. We highlight that in case of breach of maintenance obligations during the period of cessation of cohabitation, the judge may refuse to result in divorce.

  1. Punishment divorce or divorce by Culpa

There are cases in which one spouse has led to serious negative behaviors that threaten the obligations causing married life can not be tolerated.

So that will not be evaluated subjectively, the law has made a list of these behaviors to seek divorce if meet some point in the following list:

  • Physical abuse / psychological
  • Abandonment common household
  • Conviction for offenses
  • Drug / Alcohol
  • Prostituting the other spouse or the children

For these listings cases, it is not necessary to prove the cessation of cohabitation.

5.Who can file for divorce and what are your requirements?

Only spouses may seek court action, either by the situation they live.

Divorce by mutual consent

As indicated in the statement, to comply with the requirements in this case, they must be both parties agree to undo the marriage and so ask the Family Court. They also must pass three months after the ceremony. Itself is a written request which aims Judge, when one asks for a divorce, and the other, according, adheres to the same request.

Advantages: Lower cost, faster.

The contentious divorce

It also requires a period of three months from the marriage. In this case only it requires one of the two to start the process, who will present the measures and effects which requests such legal action and leaves it in the hands of family court.

Drawbacks: Everything will be done in duplicate for each of the two sides, in addition to the absence of consensus, this pathway is slower and more expensive.

6.Can you change contentious divorce by mutual consent?

Yes, If you only need to modify the application requesting the procedure is continued by way of divorce by mutual consent, the presentation of the regulatory agreement being necessary. Obviously all this being that each spouse agrees to accept the separation.

7.What documentation is required?

To start the process is necessary to submit the marriage certificate and the birth certificates of the children in case any. Also in case of divorce litigation explained above, the project and the measures of the same application shall be submitted.

The documents are:

  • Birth certificates of children if they had. He also asked the Civil Registry.
  • General litem: a public deed in which powers are granted to the lawyer and the attorney so they can act in court in defense and representation of spouses.
  • If patrimonial measures are requested, the spouse must provide the requested documents to assess the economic situation. If you do not have them you must request them through the court.
  • Some courts require registration or certificate attesting residence of domicile of the spouses.
  • In addition, in cases of divorce by mutual agreement, you must present the proposed regulatory agreement signed by both spouses.

8.I've been separated for years to my partner, I'm divorced?

That is a requirement of some cases to start the process, but to be, necessarily beam start for divorce in court.

9.After all the process, how long does it take to be finally divorced?

Once the judge made the ruling, if no one challenges, they are only required fifteen days and go to the civil registry where the new entry is made.

10.What time must pass for divorce on the grounds of abandonment of home?

If the cause of leaving home is without just cause, asking only 6 months to apply.

Should be justified, it shall be one year the time.

Whereas two years if despite being with just cause and without cause be accepted.

For the first two cases of separation who stays at home and is "abandoned", is the one who can start the separation process, whereas in the latter case, either can initiate the demand for separation.

11.What is reduction of food?

When are agreed or negotiated the division of property and child support, according to the situation of the spouse who has to pay for child support, it may be that in the future change, either because they become unemployed or because their children become independent. In this case you can sue the court to present his new situation and ask that these charges are reduced.

12.Can I change my matrimonial property?

Yes, both spouses older, and it has to submit an application to family court, demanding regime change, it may be of two different types:

The total separation of assets: In this case, each spouse retains under his name all that already possessed, and also retains everything acquire later (whether inheritances, purchases, or donations), and can manage it as you want.

The participation in acquired: On the other hand, everyone has the right to participate manage and enjoy property of the other spouse had before marriage, while this regime is effective.

13.Does the alimony also the ex-wife paid?

Yes, provided they have no income is within your rights to request it.

14.Until what age the children are entitled to alimony?

Until the age of majority or 25 years demonstrating that they are studying.

15.How long I have to wait to apply for a divorce?

A period of twelve months.

16.What is Divorce Express?

When the couple agrees they want to break the marriage bond (to be mutually agreed) can apply after three months, the express divorce. To do this they need to hire an attorney to do all the proceedings and ask the judge demand corresponding family. In addition you will also need to hire the services of a solicitor.

17.You can denounce one spouse maltreatment and to what authority?

The Organic Law 1/2004 of 28 December on Integrated Protection Measures against Gender Violence, in Article 1.1..
It is defined as the power of men over women, even in many occasions has tried to bring the anti-constitutional side if a woman hits a man, or in the case of same-sex couples, but always he ruled nullity in that case.

However both, physical and psychological abuse, you must report it as soon as possible, and provide evidence so that they can be checked for later submission to the appropriate public administration.

18.What if one spouse does not agree on the separation?

To divorce must have a reason, and justified. The judge ruled the sentence depending on what is exposed as a reason for the divorce application.

19.If I divorce, how long I have to wait to get married again?

If I divorce, how long I have to wait to get married again?