Along with death and the declaration of death, divorce is one of three ways in which the marriage is dissolved. Watch an introductory video below:

Given the importance of these issues, it is essential that, before acting, obtain the advice of an attorney with the appropriate qualifications and experience.

We now examine the causes, kinds and effects of divorce.

Causes

Following the Civil Code reform operated in July 2005, the spouses may choose either the separation or the divorce, without the need to login to apply to separation then divorce. It is possible to dissolve the marriage directly.

To access the divorce is sufficient to prove that three months have elapsed since the marriage without having to rely on any reason justifying the request.
Divorce classes: By mutual agreement, and dispute

As in the case of separation, divorce court may be requested by mutual agreement or in a contentious divorce can not be given a “fact.”

Divorce by mutual agreement

As in judicial separation by mutual consent, the judicial process is quick and easy. Simply follow the demand (which may be filed by both spouses or one of them with the consent of the other), a regulatory agreement which must be ratified after the spouses and in which to record the agreements reached on guardianship and custody of the children, visitation, pensions, use the family home, etc.

The judge and the prosecution, where appropriate, ensure the interests of minors and respect for the agreements signed by the spouses.

Divorce litigation

Is requested by either spouse without the consent of the other, so in this case is not accompanied by any regulatory agreement, and without claiming any cause, being necessary to have passed at least three months of marriage.

You will not need this period has elapsed is proven that there is a risk to life, physical integrity, freedom, moral integrity or sexual freedom and indemnity of the spouse seeking the separation, the children of both or any of Members of marriage

Like the contentious separation, the procedure is lengthy, complex and with a high cost not only economic but also personal for both parties. Depending on circumstances, can be dealt with prior to or concurrent with the divorce proceedings, the so-called interim measures to regulate the financial situation of the spouses (loads of marriage) and primarily for the children (allocation of parental rights the guardianship and custody, visitation and communications, maintenance …) during the pendency of divorce proceedings until their conclusion.

The effects of divorce

Divorce dissolves the marriage bond as altering the status of those who until then were spouses, who are allowed to contract a new marriage.

This involves dissolution of the loss of inheritance rights between spouses, the loss of the widow’s pension, as well as direct obligations of marriage: the duties of aid and loyalty, the commitment to ensure the interests of the family The obligation to pay maintenance, etc.

The rupture of this bond does not affect the obligations of the spouses for their children because they arise from the family relationship and the existence of the marriage union.

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