Separation and Divorce

Along with death and the declaration of death, divorce is one of three ways in which you can dissolve a marriage. Given the importance of these issues, it is essential that, before acting, you seek professional advice from a lawyer. If you are sufficiently informed, you can now hire the services on the Internet when it comes to separation or divorce by mutual consent or through litigation.

Then examine the causes, the kinds and effects of divorce.

Following the Civil Code reform implemented in July 2005, the spouses can choose either separation or divorce, without need to login to request the separation, and then, the divorce. They can dissolve the marriage directly.

For the divorce to occur, you must have sufficient proof that three months from the marriage have passed without having to rely on any grounds justifying the request.

As in the case of separation, the divorce can be made by mutual agreement or there can be a contentious divorce, in which you cannot give "facts".

In the judicial separation by mutual consent, the trial is quick and easy. The demand has to be followed by a regulatory agreement which must be ratified and which must contain information concerning the agreements reached regarding the guardianship and the custody of children, visitation, pensions, family home use, etc. This demand may be presented by both spouses or by one of them with the consent of the other.

The judge and prosecutor serve the interests of the child and respect the agreements signed by the spouses.

If one spouse does not have the consent of the other, the demand does not have to be accompanied by any regulatory agreement and there is no need for any divorce grounds. However, it is necessary to have passed at least three months of marriage.

It is necessary for this period to have elapsed if there is no risk to life, freedom, physical or moral integrity or sexual freedom.

As for the contentious separation, the procedure is long and complex and it reaches high costs, both economically and personally for both parties. Depending on the circumstances, you can get separated before getting divorced, as there is a call for interim measures that set the financial situation of the spouses on the right track (matrimonial expenses) until the conclusion of the divorce proceedings.   When it comes to the children  interim measures can include: allocation of parental rights, of the guardianship and custody of children, visitation and communication, and alimony.
A divorce dissolves the marriage bond altering the status of those who until then were spouses and who are now allowed to contract a new marriage.

This involves dissolution of the loss of inheritance rights between spouses; the loss of pension for widows, as well as direct obligations of marriage; the duties of aid and loyalty; commitment to ensure the interests of the family; and the obligation to pay maintenance among other matters.

The rupture of this bond does not affect the obligations of the spouses to their children as they arise in the family relationship and not in the marriage itself.