¿Qué es un divorcio contencioso y cuáles son los pasos a seguir?
Every person who gets married, swears to love and respect your partner. Accompany in illness and health to be loved. Protect and care for your life partner. Without a doubt, beautiful vows of love and loyalty that give way to marriage.
However, there are circumstances in which such vows of love cannot be fulfilled until death do you part. Sometimes, even the risk of life and physical integrity can be an important cause for the end of this relationship.
For cases like these or others, where one of the spouses decides to terminate the marriage, there is the contentious divorce. Legal option that allows the dissolution of the marriage without prior agreement between both parties.
But of course, there are many more details for this separation to have a legal effect. So in What is a contentious divorce and what are the next steps? We tell you all the details.
Requirements, possible reasons, steps to follow and measures to be requested in contentious divorce. Continue reading that below we will tell you everything.
What is a contentious divorce?
The basic concept of divorce It is that mutual agreement between two spouses, who decide to end their marital relationship. This separation is legal because it follows regulatory conventions and laws on family matters and covers several aspects.
EM As for contentious divorce, this separation does not start by agreement of both people. In fact, it is one of the spouses who asks for the dissolution of the marriage before the competent bodies.
The other spouse in the relationship may or may not know this intention to divorce, but your initial consent is not required.
This request for separation is made before the judicial courts when submitting a contentious claim. This demand is accompanied by a proposal or separation agreement to be accepted by the other spouse. If not accepted, another proposal may be generated for the case.
To proceed with this contentious divorce it is important to meet a number of prerequisites. Complying with them is the beginning of a dissolution of marriage that is achieved after a sentence with binding effects.
These requirements are as follows:
- 3 months after marriage marriage. But in cases of life-threatening, physical, mental, freedom, moral or other damages, this period of time is not mandatory. It is important to note that if a family member is a victim, including children, this exception also applies.
- We should be establish a regulatory agreement for the dissolution of marriage. This must respect the current legal framework and be accepted at the trial.
- Reconciliation after contentious divorce will have no legal effect, so that it can happen until a new marriage between the parties.
This procedure, of course, has several steps to follow and details to consider. If you plan to file a lawsuit, have received one or know someone who is in the middle of this legal process, this information is important.
Regulatory agreement on contentious divorce
As we already mentioned, a contentious divorce must have a regulatory agreement. This document various aspects to be accepted by a court on trial. Below are some.
- O parental authority of children, their care and, in some cases, the communication and visitation regime.
- Grandparents, if necessary, will also have communication regime and visits to grandchildren. Likewise, the judge can approve this regime at a prior hearing, as long as it benefits minors.
- The allocation or distribution of housing and furniture and family goods in general. The goods will also be declared before the said assignment.
- The contribution to the corresponding charges, expenses and food and permitted by law. As well as the guarantee and update mechanisms in this case.
- The agreement or agreement only if applicable, corresponding to the economic regime of marriage.
- If this separation involves an economic imbalance for either spouse, they will have right to a temporary or indefinite pension or compensation. The bases for updating and guaranteeing said pension are also established by court order.
- O other agreements signed between the parties involved throughout the contentious divorce process.
In general it is establish important information about the process, important parts and details such as age and health, profession and job access opportunities.
On dedication to the family and financial collaboration between the parties. The duration of the marriage, the coexistence between the spouses and other relevant circumstances will also be detailed.
As mentioned above, there are a number of concrete steps that everyone must follow to start a contentious divorce. This process will allow the parties involved dissolve your marital relationshipI. Below you can find them in order.
Need for a lawyer and attorney
All contentious divorce will start with the search for a lawyer and a solicitor. Both legal assistance and intervention is mandatory in this type of judicial process.
As another requirement, it is requested that these professionals be collegiate within the scope of College of Lawyers it’s from Faculty of Lawyers. If you do not have the financial requirements, you can request the free legal assistance established by law. These professional associations will be responsible for appointing the advisors and representatives indicated..
Filing a contentious divorce suit
Once you have a designated lawyer and a lawyer to study your case, you will be time to explain your current situation to these professionals. This information will be used to prepare a complaint and send the request for contentious divorce.
Said demand It will consist of an explanation before the family judge appointed in the province, everything related to the case. Among the aspects to declare would be the existence of marriage, possible children, intention or reason for the dissolution of the marriage and the possible measures to be taken as a result of this separation.
In this last point, as measures to be requested, there would be the agreement of dissolution of marriage for contentious divorce. The end of the matrimonial property regime must also be established, if any.
If there are children in the relationship, parental authority, custody and visitation are taken into account. Child maintenance allowances should be established. If there are grandparents, grandchildren’s visiting arrangements will be treated in the same way.
Only when applicable under the law, a compensatory pension in favor of one of the spouses. The use of real estate such as shared housing and furniture should be addressed. In addition, any claim that corresponds to the law, and should be taken into account as a consequence of contentious divorce.
Response to complaint
When the complaint is filed following the aspects described above, the other spouse is informed of the intention of the contentious divorce. The other party receives the warning and has 20 days to submit a response. You can also define your position on the requests requested by the author.
There you will be informed about your agreement, rejection and requests you want to add. It should be noted that the answer will also be given with the advice of a lawyer and a solicitor.
As soon as the complaint is answered by the other party, and both are already informed of the divorce litigation process, the case is taken to the family court. This judicial body will be responsible for summoning each party involved so that they can present evidence that motivates the requested measures.
As mentioned above, These measures may include parental authority over children, visitation and financial responsibilities. Also the separation of goods and properties. As well as financial responsibility which you will have for the other party if necessary.
Evidence is received only during the trial, along with the other documents attached to the contentious divorce complaint and dispute.
Once the trial proceeds in accordance with legal regulations, the family judge will give the sentence and recognize the separation from the marriage. This will also indicate the means that will prevail before the contentious divorce.
When the process is completed in the steps mentioned below, the contentious divorce is achieved. The ex-spouses will be separated and their marriage dissolved. A series of measures to be followed will be agreed and both parties will be obliged to comply with them through the indicated legislation.
Whatever the situation or need, This type of marital separation allows, by law, one of the spouses to request a divorce without prior agreement with the partner. Of course, each case is different from the others, so the process can be short, long, fluid or complicated.
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