Procedures and Requirements for divorce in Chile

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Unfortunately, in our society there is the word divorce. After two people decided to get married civilly and often even ecclesiastical, over time they realize that what they expected within their relationships, they did not find. In this way, within homes and families, the word is often named «DIVORCE» since, through the differences and the inconveniences, there is often no marital solution.

That is why in the societies of different countries, many people no longer believe in the marriage bond, when going through a crisis within their relationships they take separation as an alternative.

Requirements for divorce in Chile

Surely you ask yourself many questions regarding the divorce, such as Can anyone get divorced? How do the laws for divorces work within the country? What is the price of managing a divorce? Here we will inform you of each of the steps that you must follow to start the processing of your separation. Unfortunately, a divorce can end for a number of reasons. Due to this, the laws of the nation are clear in this regard. Therefore, for a marriage to be declared terminated, one of these causes must occur:

  1. One of the two people must consider ending the marriage. As is logical in view of this fact, in case one of the two parties does not want to finish, then there will be no divorce process.
  2. They must be physically separated for a while, since there are different types of divorce, by law it is established that the couple must stop living together for a period of time.
  3. Also, divorce will take place in cases of infidelity, psychological violence, homosexual behavior, physical violence, alcoholism or some type of behavior that seriously affects the lives of some of those who make up the couple.

To carry out the divorce, the civil registration of the document will be requested «cessation of cohabitation», This document will verify the time they have been living in different places.

How to file a divorce

To carry out the divorce process effectively, you must have the following:

  • Marriage certificate
  • marriage certificate
  • List of goods
  • Background of the address of the spouses
  • Children’s certificate (if you have them)
  • Other means that verify the facts before the Law

Causes of divorce in law

Taking into account that marriage is partly a contract between a man and a woman, it should be noted that it is a fact that there are obligations and rights that both the man and the woman must comply with, but that when the marriage is consummated, the privileges with which that both enjoyed within the marriage cease to exist.

The different causes of divorce can be:

  1. Great excess of discussions
  2. Have unrealistic expectations
  3. The great lack of commitment
  4. economic problems
  5. Lack of communication
  6. Lack of equality in the relationship
  7. Lack of maturity to solve problems
  8. abuses
  9. Getting married at an early age
  10. wrong interests

Over the years divorce has become a huge phenomenon in our society. In fact, in recent years there has been a great gradual decrease in people getting married and in turn increasing divorces.

It has been realized different types of studies where it is evidenced and verified how divorces have been growing and increasing by around 25% during the last time. Likewise, the data that has been shared from the United States has fully revealed how between 40% and 60% of people who have married end in divorce.

These references show how complex love relationships are. In this way, it is completely clear that marriage relationships are very careful to be able to maintain them, and thus avoid divorce.

types of divorce

In Chile there are different types of divorce, which are classified into three ways to end a marriage:

  1. One-sided divorce: This implies that one of the spouses wishes to divorce
  2. Faulty Divorce: This is applied in case of infidelity or that by some type of violence
  3. Divorce by mutual agreement: This will be carried out in the event that either of the two, both the man and the woman, wish to separate while fully agreeing

The different types of divorces work and are carried out in different ways, each of them has its number of deadlines, time, procedures and prices.

  • One-sided divorce: This type of divorce is that only one of the parties agrees to the consummation of the marriage. This type of divorce is one of the most complicated. It requires a series of agreements in which the spouses must remain, in addition to the large number of procedures that must be carried out.
  • Faulty Divorce: This type of divorce is applied when one of the parties of the spouses has broken the commitment that they signed before the competent authorities that made the marriage union official or there has been some type of physical, psychological or verbal aggression.
  • Divorce by common consent: It is one of the fastest marriages to dissolve since both the man and the woman enter into a reciprocated agreement to carry out the divorce quickly. This kind of divorce is called (express divorce), in this case the only thing that must to do is make the application for divorce and sign. Since both parties are in mutual agreement to make the separation quickly

Divorce papers

The papers needed to process the divorce process are simple, You must have the birth and marriage certificate, In the event that there are children within the relationship, the necessary requirements can be downloaded through the civil registry website. This can be done directly by those interested in carrying out the divorce process.

Once the divorce trial begins, the rest of the documentation can be organized later, to introduce each of the required documents.

How much does a divorce cost

The cost of a divorce is determined by what type of divorce is filed. Because each one is classified and therefore has different prices, because some of them have more trial and trial time.

  1. One-sided divorce: The price of this kind of divorce can vary between $3oo,ooo and $450,000
  2. Faulty Divorce: The price is around $350,000 to $600,000
  3. Divorce by common consent: The price of this type of divorce is one of the cheapest and is between approximately $250,000

How long does the divorce process take?

The time that each divorce process takes is determined by the classification of the type of divorce since each one has its own delay time.

  • One-sided divorce: It has a period of at least 3 months (90 business days)
  • Faulty Divorce: Like the unilateral period, it has a 3-month period that results in 90 business days.
  • Divorce by common consent: This is one of those that proceed almost immediately and takes a period of 30 days (1 month)

effects of divorce

The various effects of divorces are immediately dissolved by the marital effectsall the civil effects of the marriage cease, the help that both spouses provided each other, with the execution of divorce all the marital effects cease, and the assets acquired within the marriage union are distributed and divided in equal parts.

In this way, the relationship with the couple is legally terminated, in case there are children within the marriage, the duties and rights of the spouses to support each other are:

  • All lawyer’s fees, notary expenses and payment of treasury and charity taxes must be paid in case there are assets and costs before the registration of the public deed in the corresponding registry and public instruments offices
  • The couple given in separation will not have any type of right to the inheritance, pension or patrimony that each one has built after having signed the divorce certificate
  • One of the many consequences is the emotional, psychological and physical affectation of the part of the children

On a personal level, divorce negatively affects the lives of those who are going through this bitter moment in their lives. Hitting her self-esteem hard, leading the person to feel failed, rejected, and guilty of not having been able to maintain the sentimental relationship over time.

In the emotional realm. Both men and women go through very painful and sometimes heartbreaking moments. Where feelings of insecurity, guilt, desire for revenge, fear of the future, anger, sadness, remorse, fear of loneliness arise.

In the family, the effects of divorces affect the entire family of both spouses, in the case of those who have a child within the relationship, poor school performance, depression, aggressive reactions against their teachers, friends and parents are usually noticed and they begin to manifest major behavior problems

Regarding economics, these different changes are the most noticeable when going through this process, since one of the spouses must take responsibility for household expenses, child support, food, among others.

In the parental sphere, the spouses could come to feel that they must cover the role of the father and the mother at the same time, which causes a greater burden of responsibility since they must take full responsibility for making decisions regarding the children, who are of disciplines. Where in different cases they can be manipulated by their children and have to accept behaviors and decisions of the ex-partner in which their opinions are often not taken into account.

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