Requirements for Divorce: Steps, Documents and MORE

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If you are looking for information for divorce proceedings, keep reading. In this article we describe the requirements for divorce, the step by step, the documents you need and much more.

However,What is divorce? It is the legal breakdown of the marriage, generally at the request of one of the spouses. However, there are cases where the request is made by both. It can also be defined as the set of steps that are taken, with the purpose of concluding a marital relationship.

What are the Requirements for Divorce in Spain?

Currently there is only one requirement for Divorce in Spain is basically about the couple having lived together for at least three months, after the celebration of the marriage.

However, it is important to note that the key point for any divorce or what can avoid complications in the process, is the disposition of the couple. So they can choose between 2 alternatives:

  1. They can decide to divorce by mutual agreement. That is, talking in a fair way to define the separation arrangements and thus agree on a convenient solution for both parties.
  2. Go to court so that a judge can make the decision.

Requirements for Divorce: Steps to Take for Divorce

Below are detailed the steps to follow for divorce by mutual agreement or for the contentious. However, before continuing, it is important to mention that there is an aspect of divorce that is fundamental, it is trying to reach a amicable settlement for divorce with the former partner.

Otherwise, if there is no agreement in the couple, a contentious procedure must be resorted to, which will become slower, more expensive and full of emotional uncertainty.

That is why the divorce by mutual consent It has advantages over litigation, so only some of these benefits are mentioned below:

  1. For a divorce by mutual consent, the procedure is shorter and more affordable.
  2. It also minimizes the psychological, emotional, and hostility complexities in the partner. So it is more positive and less devastating for everyone involved.
  3. The ordinances derived from the regulatory agreement are carried out with more acceptance.

Now the first step is to select the adequate advice of a lawyer, a specialist in family matters, as a legal representative. But if the couple decides to resort to a court, to start the divorce process by mutual agreement, they will be assisted by 1 lawyer and represented by 1 attorney.

Likewise, if the divorce applicants by mutual agreement decide to go to a notary, must be accompanied by a lawyer. In this way, the participation of an attorney will not be necessary. This procedure through a notary’s office is feasible if there are no minor descendants or who depend on their parents.

Steps to follow for a divorce by mutual agreement

In case of existing Mutual agreement between the parties, the lawyer must prepare the document with the agreed arrangements, by which the divorce will be conducted. Subsequently, with the approval of the agreement document, you can begin the divorce by mutual agreement or express.

Judicial procedement

One time prepared the request for divorce and the regulatory document by the lawyer, will be presented in the corresponding court. Likewise, it is necessary to grant a power of attorney to a solicitor to represent the spouses in the process.

On the other hand, both the judge and the prosecutor, will control that the agreements do not contain treatment contrary to the Law or disadvantageous for the related parties, spouses and descendants. In addition, once the agreement is accepted by both parties, the Judge will issue an opinion authorizing the regulatory agreement.

Extrajudicial process

If the parties have no descendants minors or with disabilities who depend on their parents, can go to a notary’s office to request a divorce.

In this case, the legal representative will present the agreement to the notary and attach the divorce document. Likewise, the notary will control the agreement of the parties, in order to avoid harming the spouses or children.

Procedure for contentious divorce

The divorce application in this case it can be presented in a court of first instance, close to the place of residence of the couple or the applicant.

This can decide between the last residence as a couple or the defendant. Consequently, agreements of the couple in relation to the filing site of the contentious divorce application other than what is stipulated are considered void.

Judicial procedement

It is important to mention that whether or not there are minor descendants or disabled, divorce applications are made as a verbal judgment. So it is extended in time. However, if you reach an agreement with the other party, you can resort to a divorce by mutual consent, also called divorce. express. The latter is faster and cheaper.

Presentation of claim

To begin with the contentious divorce you must Submit a request attaching the following documentation:

  1. Marriage certificate.
  2. If there are children in the marriage, the birth certificate of each must be presented.
  3. The necessary documentation that explains the divorce request.
  4. In case of requiring patrimonial disposition, documentation that certifies the economic condition of the couple or of the children.

Demand answer

The defendant must respond to the divorce petition, in a period of twenty days, from the day after the notice of the claim. If there are minor descendants, the application will be transferred to the offices of the prosecutor’s office for their response. Likewise, the defendant can choose between the following alternatives:

  1. Do not answer the demand without reason that justifies it, or go in person. In this case, it is assumed that you accept what is stated by the plaintiff.
  2. Go to process without responding. In this case, even if it does not respond to the demand, the defendant can go to find out about the provisions that the Judge will implement with respect to alimony, custody, assignment of the family home, among others.
  3. Accept what the plaintiff wants.
  4. Respond to demand. In that case, the defendant argues everything he considers appropriate to what the plaintiff wants.
  5. Respond by requesting your own claims.

View execution

The view is a public meeting in where the Judge meets with the spouses to corroborate the claims of the parties and execute the pertinent tests. In case of absence from the meeting without just cause, you can assume that the facts argued by the party who attended the hearing are accepted. The tests that cannot be carried out during the aforementioned meeting will be carried out at the time indicated by the Judge, which cannot be more than thirty (30) days.

Judicial opinion

The judge will issue the sentence enacting divorceLikewise, it will stipulate the appropriate provisions regarding the economic and personal conditions that will be carried out once the divorce has been made.

Documents Needed for Divorce

  1. Divorce application document.
  2. Marriage certificate.
  3. If there are children in the marriage, the birth certificate of each must be presented.
  4. The necessary documentation that explains the divorce request.
  5. In case of requiring patrimonial disposition, documentation that certifies the economic condition of the couple or of the children.

Requirements for Divorce: Divorce by Mutual Agreement

With regarding this type of divorce there is an extensive agreement among specialists in family law, who suggest that the most convenient alternative for the parties is mutual agreement. In this sense, according to studies carried out, it has been shown that this is a procedure that allows divorce to be carried out more hastily.

Moreover, this kind of divorce is usually more affordable for both. Likewise, as indicated by specialists is less damaging to the former partner and to the involuntary parties such as descendants.

In this senseWhat does this agreement entail? It allows the agreement (s) to regulate the effects of the process once the divorce is finalized. For which it must:

  • Define the distribution of assets.
  • Determine the way to be able to care for and care for minor descendants, at this point the custody of the children is defined.
  • The corresponding pensions are defined, which are agreed amicably by both parties.

This kind of divorce definitely, minimize court visits, psychological evaluations, among other things. It also prevents children from having to go to court to give statements. That is why it can be seen as a friendlier way to effect a divorce.

Requirements for Divorce: Contentious Divorce

In contentious divorce, unlike the previous one, if the ex-partner does not find a way to harmonize their positions, the procedure to follow is inevitably through a court. All this with the consequences that the contentious divorce implies:

  • Generally requires the development of psychological and social studies to the descendants.
  • Also children in most cases must go to court to give statements, usually in a hostile environment.
  • This type of divorce is usually slower and more costly in financial terms.

In this case It is suggested to agree between the parties a regulatory agreement, otherwise the judge will determine the appropriate dispositions in relation to the economic and personal aspects after the divorce. On the other, regardless of the decision taken to initiate the proceedings, the requirements for divorce must be taken into account.

Tips for Divorce in Spain

It is important to mention that there is an aspect of divorce What is essential, is to try to reach an amicable agreement for divorce with the ex-partner. Otherwise, if there is no agreement in the couple, they must resort to a contentious procedure, which will become slower, more expensive and full of emotional uncertainty.

On the other hand, it is suggested search for the right advice of a lawyer, specialist in family matters, as legal representative. But if the couple decides to resort to a court, to start the divorce process by mutual agreement, they will be assisted by 1 lawyer and represented by 1 attorney. It is important to consider the requirements for divorce in any case.

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