The divorce certificate it is a legitimate document that nullifies the nuptial agreement between two people. The reasons why a couple decide to end their marriage are varied. Continue with us here!
However, regardless of the reason, the couple must reach a mutual agreement and finally process the divorce certificate. If you don’t know how to do it, keep reading!Through this article we will inform you about how to obtain this procedure.
How to Obtain the Certificate of Divorce?
For starters, divorce is known as the dissolution of a marriage. In this way, divorce has some legal effects depending on the laws of the nation. For example, in the case of Argentina, the divorce certificate must be requested before the Civil registration.
There are different modalities through which you can request a divorce certificate. For example, the document can be managed through a lawyer, where the admitted professional must present a testimony issued by a court before the entrance table of the Civil registration.
In that way, the divorce certificate It is an essential document to effect the annulment of the marriage certificate. The judicial document or testimony must contain the following elements:
- Name and surnames of the spouses in question.
- Office, book and data referring to the marriage certificate duly sealed and registered by a judge or, failing that, the secretary.
Once the document is presented to the public service, subsequently the General Directorate of Civil registration will be in charge of reviewing and forwarding the request to the archive. While a public official makes the marginal notation, later the documentation is returned to the entrance table and the answer is attached to the court.
Likewise, the process of obtaining the divorce certificate can also be requested directly. That is, one of the people who according to the couple can go to the entrance table of the Civil registration and request the procedure.
Face-to-face Processing for the Divorce Certificate
To request the procedure in person, it is important to follow a series of steps that will help you obtain the divorce certificate. In the first place, the person interested in obtaining the divorce certificate must present the documentation at the entrance table of the General Directorate of the Civil Registry.
Similarly, compliance with the testimony ordered by the registration of the modification of the marriage certificate will be executed. Therefore, the lawyer chosen by the spouses in question will be the person responsible for carrying out this action.
In an accessory way, if it is not possible to present the testimony before the Civil registration, can be presented to the Public Bar Association. On the other hand, once the documentation has been submitted, it will go through a review process and subsequently be attached to the archives office.
Of course, the marginal notation is made by a public official and the documentation will be returned to the entrance table. Then a response is attached to the court. Finally, the next step is to go to the entrance table of the Civil registration and record the following:
- Original and photocopy of the divorce decree.
It is important to mention that, if the testimony is from another province, it must contain the following:
- Signature of the judge and secretary.
- Name of the person authorized and in charge of submitting the testimony, together with their contact telephone number, address, and identity document number.
- Seal of the corresponding court on each of its pages.
- Seal of authenticity of the High Court.
This is established by the Law 22,172 in Article N ° 3, subsection 6 and Article N ° 7. Remember that this procedure involves a legal process and must be carried out with the help of a lawyer to ensure the correct issuance of the divorce certificate.
Online Procedure for the Divorce Certificate
There is another way to request the divorce certificate and it is through an online system. Surely you wonder … How is it done? do not worry, We are here to help you!
- First, an email request must be sent to the Divorce Court Judge.
- Once the spouse submits the application, to obtain the divorce certificate You must send the following information to the email:
- Husband’s first and last name.
- First and last name of the wife.
- Date to which the nuptial disintegration is approaching.
- Place where the divorce was executed.
- Case number.
Next, the aforementioned documents must be placed in an envelope with the applicant’s domicile address and also the respective payment of the procedure. After this, the Judicial Secretariat will be in charge of locating the original marriage certificate and will send it to the applicant. This procedure takes about 10 business days.
What is it for?
Simply put, a divorce certificate can be requested for different reasons. Among them: for either party to remarry, for the wife to regain her paternal surname, to renew visas or passports, among others.
Basically the divorce certificate it fulfills the function of legally separating a marriage under certain laws regulated by the State. This is done through necessary legitimate procedures established by the nation.
Frequently Asked Questions about the Certificate of Divorce
If you are thinking about getting divorced, it is completely normal for you to have doubts about it. But, you will like to know that you are not the only one. Here are some of the most frequently asked questions about the divorce certificate.
How long does the process take?
Generally, the process does not usually take more than 10 business days. However, this will depend on the number of applications for divorce certificates that are in the process. In the same way
What happens if the spouses cannot agree on the divorce?
In case you want to separate from your partner but they do not agree with you, don’t worry. In the same way, you can start the process of the divorce certificate, if your spouse disagrees, the judge can still dictate the sentence.
Can both spouses file for divorce?
The answer is yes. Both spouses can request a divorce, in fact, it is more comfortable for both since they reached a mutual agreement before starting the process. However, they must coincide on specific topics, for example:
- Distribution of goods acquired by both parties.
- Economic compensation.
- Management of the home and children.
Can a person get divorced even if their partner disagrees?
Of course, as long as the person who decides to acquire the divorce certificate complies with the above requirements and performs the steps to be followed to the letter. Remember that it is not someone’s obligation to be with another person.
In order to get a divorce, do I need a lawyer?
Clearly yes. In fact, the presence and advice of a lawyer during the divorce process is mandatory, as stipulated in the Law under the Code of Civil and Commercial Procedure of the Nation.
What documents does the judge ask for to request the divorce certificate?
When requesting the divorce certificate, the Judge will request the necessary legal documentation from both spouses. Including, the documentation of children under 18 years of age must be presented, in the cases that apply.
In addition, a divorce proposal where the applicant reflects solutions for the care and feeding of their children (if any), how the distribution of acquired goods, housing, among others will be.
How do I know if my divorce is in the Civil Registry?
If you want to know if your divorce is already registered, you must go personally to the General Directorate of the Civil Registry and request a marriage order by presenting the following documents:
- Place of marriage.
- Date of marriage.
- National identity document.
- Names and surnames.
If the document does not reflect the marginal notation where the divorce is recorded, it means that it was not legally carried out.
How much does the procedure cost?
According to the page The judicial office has an approximate cost of $ 530. It can be paid at the time of document delivery or by entering the sir digital portal where the corresponding ballot can be issued and paid.
What is it?
In conclusion, a divorce certificate it is nothing more than a legitimate document that reflects the annulment of a marriage. This is done through the request of both parties to the General Directorate of the Civil Registry in Argentina.
Indeed, the process must include a lawyer since he will take care of the legal issues related to the request for the divorce certificate. As well as, it will provide solutions and advice to any type of doubt that may arise.
To be sure, ending a marriage should not be a pleasant process. However, through this article we intend to correctly inform you on how to request the divorce certificate so that this way, at least, the processing is a little less complicated.
It is important to mention that you can get divorced at any time, that is, you do not need to wait a while to do it. Therefore, it is a right that is granted to you, if that is what you really want. If you find yourself in the situation of not wanting to continue with your marriage, before starting the process of the divorce certificate, the ideal is that you inform yourself and advise a lawyer.
We hope we have helped you, thanks for reading!
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