The request for divorce may be submitted jointly by both spouses (divorce by mutual agreement) or by only one of them (Dispute divorce). In the first case, both spouses must submit a regulatory agreement that includes aspects such as custody of children, maintenance, the liquidation of the matrimonial property regime, among others. In the second case, the applicant party must inform the reasons for the request for divorce.

Once the application has been made, a judicial process is initiated in the relevant Court of First Instance. If it is a divorce by mutual agreement and the judge considers that the regulatory agreement is fair and equitable, a divorce sentence shall be issued. In the case of a contentious divorce, a more complex judicial process will be conducted which may include hearings, evidence and mediation.

When the divorce sentence is issued, the marriage bond is dissolved and the spouses are released from marital duties and obligations. In addition, measures are provided for in the areas of custody of children, maintenance, use of family housing, among others, in accordance with the regulatory agreement or by court decision in the event of a dispute divorce.

If you are in the process of divorce and need to be advised by experts, do not hesitate to contact us