Divorce

The request for divorce can be filed jointly by both spouses (divorce by mutual agreement) or by only one of them (contentious divorce). In the first case, both spouses must present a regulatory agreement that includes aspects such as the custody of the children, the alimony, the liquidation of the matrimonial economic regime, among others. In the second case, the petitioning party must justify the causes that motivate the petition for divorce.

Once the petition is filed, a judicial process is initiated in the corresponding Court of First Instance. If it is an uncontested divorce and the judge considers that the settlement agreement is fair and equitable, a divorce decree will be issued. In the case of a contentious divorce, a more complex judicial process will take place which may include hearings, evidence and mediations.

When the divorce decree is issued, the marriage is dissolved and the spouses are released from marital duties and obligations. In addition, measures are established regarding aspects such as custody of the children, alimony, use of the family home, among others, according to what is established in the regulatory agreement or by judicial decision in case of contentious divorce.

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