If you are looking for this topic, it is because you want to separate from your partner, whether by mutual agreement or not, the laws allow you to separate without fussing or wasting time, but before beginning this tedious process, we recommend that you thoroughly soak up the Divorce Requirements dictated by the new Civil Code.
Requirements to get divorced in Argentina
The necessary requirements to begin the proceedings of a divorce, whether unilateral or bilateral, are:
- Marriage certificate
- Photocopies of the DNI of the interested party (of the one(s) processed/in the divorce)
- Birth certificate of minor children (if applicable)
In the event that there are shared assets in the marriage, the following must be taken to others:
- deed of real estate
- Automotive title (in the case of a vehicle)
How to process a divorce
To process a divorce, you must first be clear about the type of divorce you want to sign in front of the judge. In Argentina there are only two types of divorce: unilateral and bilateral.
The Bilateral divorce maintains that it is a legal process of marriage breakdown where the two parties participate with a level of total agreement on all points of the divorce.
For unilateral divorce, it is understood that it is the divorce that is initiated by the will of one of the parties to the marriage and in which either they do not agree with the clauses of the same, or they are not willing to mediation or joint participation of the parts.
Clarified, a series of documents must be gathered, which will require presenting to the hired lawyer who will help you throughout the legal process, which are: the marriage certificate of the parties, a copy of the couple’s ID, if there are children in the marriage as well these should be included.
If the children are minors, their birth certificate must also be provided to corroborate the paternity authority.
In the event that during the marriage there was a purchase of shared real estate, they must carry the relevant documentation of these, be it a house, car, among others.
The next thing would be to consult with the lawyer who is going to represent you regarding the procedure that must be followed, delivering the list of documents and providing additional information, such as explaining what was the last address they shared as a couple and what would be the address where each one is.
This determines the court in which the divorce decree will be filed.
Then the lawyer with the information provided by the plaintiff or plaintiffs will write the divorce document which must be signed by one of the parties in case of being unilateral or by both people in case of being bilateral.
Lastly, the lawyer will have the obligation, together with the information provided by the plaintiff(s) as well as the initial brief and all the pertinent information, to bring the files to the court to start the file.
Divorce under the terms of the new Argentine Civil Code
The new Argentine Civil Code renews some clauses and parameters for divorces that simplify the process, these are:
- It will not be necessary for both spouses to agree to the divorce.
- The grounds for divorce have been eliminated in their entirety
- Deadlines and causes are eliminated.
- The need to prove to the judge in the case the guilt of the marital breakdown to one of the parties is no longer necessary.
- It will be enough for one of the parties to decide to break the marriage bond.
- Immediately after the sentence of the judge, the parties acquire the possibility of contracting marriage.
- The 3-year post-marriage requirement to file for divorce is eliminated.
- Added to the consequences of divorce is financial compensation subject to a standard of family solidarity.
- When filing a divorce petition, whoever wishes to divorce must have a proposal in which the regulations of the consequences of separation, such as housing, expenses and debts, are touched.
In the event that there are children of the marriage, also propose a parenting plan, which specifies the care and modalities that must be carried out on the children.
All this with the consent of the children and only with their complete agreement.
- According to the code, it is also established that even if the parties to the divorce agree and it is bilateral, the judge is not obliged to approve the divorce if he suspects or there are intentions to harm a member of the family.
- The figure of personal separation of the new civil code is eliminated
These different conditions of the new Civil Code for the divorce area have been called Express Divorce
How long does a divorce take?
If we are talking about a bilateral or mutually agreed divorce, this takes approximately between 1 and 3 months, subject to the activities of the court where said procedure is carried out.
On the other hand, for unilateral divorces, the time will be determined by the appeals between the parties referring to each family aspect and property to be distributed in the divorce.
Divorce decree in another country
For those who have been issued a divorce decree and must enforce it in Argentina, they must go to the pertinent justice for its respective validity, said recognition is a procedure that is the responsibility of the Civil Procedure Code which is called Exequatur.
Said procedure must begin with the fact that the sentence abroad must be conditioned as consented to have a quality in Argentina as «res judicata».
In this way, the Department of Divorce Study carries out these procedures for citizens of Argentine nationality who are abroad.
Where is the divorce processed?
According to article 717 of the Civil Code, this will be the responsibility of the judge who corresponds to the last marital domicile, in case of a unilateral divorce.
In the case of a bilateral divorce, the competence of this procedure may be for the judge of the last marital domicile or that of any of the parties, leaving them at their free option.
cost of a divorce
There is no specific price for the divorce process, since non-quantitative factors act on this cost depending on whether it is bilateral or unilateral since each one has its preparation time, definitely the most expensive should be the unilateral one due to the personnel and the disputes that may arise during the process.
This cost also includes the fees of the lawyer that you hire throughout the process, which is an obligatory necessity since without a lawyer you cannot start the divorce process.
The jurisdiction of the court also acts as a determining factor, to which the marital home for the unilateral divorce will have to depend, or the marital home or the one that corresponds to each home where the parties have moved.
However, in the following link that we will leave you, you will be able to have an approximate budget of what the divorce process may cost you. budget for divorce.
With this information, your divorce process will be shorter than you think and with fewer uncertainties. We hope we have answered your questions regarding the Divorce Requirements and can make a smooth transition.
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