Requirements for Divorce: Steps, Documents and MORE

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Are you looking for the best way to get divorced? What do you need to do this procedure? Talking about divorce is a complex issue, as it is a very important decision and one that should not be taken lightly. Therefore, here we will explain the important aspects that you should know, starting with the requirements for a divorce in Chile.

In addition, you will also find information on legal advice for divorce, so if you are looking for professional advice for your situation, this article will help you in your separation process.

What are the Steps to Initiate a Divorce?

Divorce proceedings are always a mystery, since you never know what can happen. During this period, unpleasant or frustrating situations may appear that delay the process. Although, it can also happen that it is a fluid and «friendly» process between both parties.

However, there are some steps that are very typical within this procedure and you must follow to file for a divorce.

First of all, you must investigate and gather the necessary documents and requirements to initiate a divorce in Chile. Then, you will have to follow the following steps:

  1. Hire a lawyer, if it is one that specializes in the divorce area it is much better.
  2. Write a petition for divorce together with your lawyer; Here you must state the reasons for the divorce and its agreements.
  3. Lawyer submit the petition before a court.
  4. At the same time, the lawyer must ensure that the other spouse receives the notice of divorce; In addition, it must include a set response time.
  5. The spouse must respond to said request in the established time. Likewise, the response must establish whether or not the spouse agrees with the petition and, in addition, contains the way in which the spouse prefers to treat this procedure.
  6. Both parties must share information and documents about your assets and income. In this stage, the information is analyzed, so that the spouses and the court decide how to divide the assets.
  7. This step of property division can also be done in a voluntary and «friendly» way between the parties involved, without involving a judge or court.
  8. To reach an agreement, a Settlement Agreement is filed with the judge in an informal audience.
  9. Later, the judge asks the parties involved some questions, to find out if each spouse understands and is willing to voluntarily sign the agreement.
  10. If the judge approves the agreement, the couple is given a Decree of Divorce. But, if it is not approved, the case goes to trial.
  11. At the trial, both parties present their evidence and arguments; while the judge decides on each of the issues to be dealt with.
  12. Finally when the judge reaches a conclusion and each situation has already been agreed, it issues the Decree of Divorce to the couple.
  13. Finally, either party can appeal the final decision, if you do not agree; but, it is unusual for the judge’s final decision to be overturned.

Necessary Documents for Divorce in Chile

What are the requirements for divorce in Chile? What documents do you need? All the answers to these questions, you will find below.

First of all, you should know that the documents and requirements for a divorce are different for each case, because no divorce is the same as another; Therefore, at the moment in which the procedure begins, and depending on the way in which it is given, you will need one or another document.

However, there are a few documents that are repetitive in each case, and here we show them, so that you can gather them and start the divorce process:

  • The marriage certificate of the couple.
  • The Minutes of Celebration of marriage.
  • The photocopy of the Identity card of the couple.
  • The Children’s Birth Certificate in marriage, if any.
  • The Act of Cessation of Coexistence, for marriages performed after November 2018.
  • The regulation documents food and visits to children, if any.
  • A document with the personal information of the spouse.

Cessation of Coexistence

Earlier, a document known as Cessation of Coexistence, which is one of the most important certificates you must have if you want to get divorced in Chile. But What is Cessation of Coexistence? Simple. It’s a certificate certifying that the couple has not been living together for a while.

This is because in Chile, in some cases, it is important to show that you are no longer living with your partner, if you want to get divorced; since if not, you will not be able to proceed with the divorce.

However, it should be noted that the Cessation of Coexistence it is not the only document to verify this separation of the couple, you can also use the following:

  • Witnesses.
  • Leasing contracts
  • Any other evidence that shows that the couple is separated, according to the time specified in the law.

Duration of the Divorce Process

Establishing how long the divorce process lasts is difficult, since this is a highly variable procedure that can change your time periods.

However, there are some approximations of the duration of a divorce, which depend on the type of divorce that is taking place:

  • Express divorce; they have a duration of 30 days.
  • Unilateral divorce; they last approximately 3 months.
  • By fault; they last approximately 3 months.

Types of Divorce

In Chile, lDivorces are divided into three (3) types, which are from: Mutual agreement, Unilateral and Guilty.

Mutual Agreement Divorce

As the name implies, it is a divorce in which both parties agree to divorce; which facilitates and speeds up the entire process.

Unilateral Divorce

It is a divorce in which one party agrees to separate and the other does not agrees to divorce.

This type of divorce is the most complicated and long, since many procedures must be done and many things must be agreed.

Wrongful Divorce

Wrongful divorce occurs when one of the parties has attacked or failed to commit to marriage; that is, if a party commits an infidelity or physically assaults their partner.

Costs

Like the length of time, the cost of a divorce does not have an established value, since there are many factors that can increase or subtract the final cost of the procedure.

In addition, it can also be considered that the cost of a divorce may go beyond the economic value; since the couple’s assets, personal and family relationships, among other aspects, are involved in this process.

Therefore, the cost of a divorce will depend on each person and on how the separation process from their partner is carried out.

However, you can get an estimate of how much the cost of a divorce would be, following the most basic aspects that this procedure may contain. So, below you will find the approximate of each type of divorce:

  • Express divorce: It has an approximate value of $ 250,000.
  • Unilateral: It has an approximate value between $ 300,000 and $ 450,000.
  • Fault divorce: It has an approximate value between $ 350,000 and $ 600,000.

Validity of Divorce

Are divorces valid? There are legal procedures that have a validity period and then must be renewed again; but in this case, it is not necessary. Divorce is a legal action that does not lose validity; so if you divorce there are no turning back, it is a procedure that is makes forever.

At the same time, you are free to marry again, after you get divorced. Although for women there is a waiting time of 9 months, so that he remarries. This is because you have to wait to see if you are pregnant or not, as this can lead to changes in the divorce agreements.

On the other hand, the man can marry the day after divorcing, according to the laws of the country.

Legal advice

To carry out a divorce it is necessary to have a lawyer To represent you before a judge or court, because it is one of the divorce requirements that is requested in order to process the separation.

It is for this reason that it is recommended to have a legal advice, when you want to divorce your partner. To do this, you can go to the Judicial Assistance Corporation (CAJ).

These consultancies will help you carry out the divorce processes in a better way and will always look for a way to reach the best agreements.

In addition, these consultancies will be kept for the entire time that your divorce case lasts, so it is necessary to get one so that your situation is the best.

Finally, the best way to carry out this type of procedure is to know very well the requirements for divorce in Chile and the documents and steps to follow to process this diligence. In addition, you must be sure that it is the action you want to use, since it is a very variable procedure, which can go well or badly.

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