At Posada Lawyers we are aware of the complicated emotional situation suffered by the parties in a separation or divorce process and we will try, as far as possible, to avoid judicial conflict (although this is not always achieved).
The main difference between separation and divorce is the dissolution of the marriage bond. Divorce is final, whereas separation allows for subsequent reconciliation.
How many types of divorce are there?
Divorce by mutual consent.
Both parties agree. It is quicker, cheaper and avoids disputes that may affect the children. Within the divorce by mutual agreement we find the express divorce that can be processed before a notary or a lawyer of the administration of justice.
In divorces by mutual agreement, it is essential to present the settlement agreement. The settlement agreement is the document in which the agreements that will regulate various aspects of the future cohabitation are established. The better the agreement is drawn up, the fewer future problems will arise.
There are a number of aspects that, whenever applicable, should be included in any settlement agreement:
a) The care of the children subject to the parental authority of both parents, the exercise of parental authority and, where appropriate, the regime of communication and stay of the children with the parent who does not habitually live with them.
b) If deemed necessary, the visiting and communication regime of the grandchildren with their grandparents, always taking into account the interests of the grandchildren.
b) bis The destination of the pet animals, if any, taking into account the interests of the family members and the welfare of the animal; the sharing of living and care times if necessary, as well as the burdens associated with the care of the animal.
c) The attribution of the use of the home and the family trousseau.
d) The contribution to the costs of marriage and maintenance, as well as the basis for updating and guarantees, if applicable.
e) The liquidation, where appropriate, of the matrimonial property regime.
f) The pension which, in accordance with Article 97 of the Civil Code, may be payable to one of the spouses.
It is important to note that the agreements of the spouses before the judicial body, notary or legal counsel will be approved unless they are harmful to the children or seriously detrimental to one of the spouses.
Contentious divorce.
There is no agreement between the spouses. It is slower, costly and impacts negatively on children.
It is now mandatory to go through alternative dispute resolution in order to file a lawsuit.
In this case, there is no regulatory agreement and it will be the judge who, by means of the sentence, establishes the aspects of the future cohabitation. At present, it is not necessary to allege any cause to request a divorce or the existence of a previous separation.
The spouses may file for divorce after three months have elapsed since the celebration of the marriage. This period need not elapse for the filing of the petition if it is established that there is a risk to the life, physical integrity, liberty, moral integrity or sexual freedom and indemnity of the petitioning spouse or of the children of both spouses or of either of the partners in the marriage.