Trámites y Requisitos para divorcio en Chile
Unfortunately, in our society there is the word divorce. After two people decided to marry in a civilized and often ecclesiastical way, over time they realize that they have not found what they expected in their relationships. In this way, within homes and families, the word is often named «DIVORCE» since, through differences and inconveniences, there is often no marital solution.
For this reason, in societies in different countries, many people no longer believe in the marriage bond, when going through a crisis in their relationships they take the separation as an alternative.
Divorce requirements in Chile
You certainly ask yourself a lot of questions about divorce, like Can anyone get a divorce? How do divorce laws work within the country? What is the price of managing a divorce? Here, we will inform you of each of the steps you must follow to start processing your separation. Unfortunately, divorce can end for several reasons. Because of this, the nation’s laws are clear in this regard. Therefore, for a marriage to be declared closed, one of the following causes must occur:
- One of the two people must consider ending the marriage. As is logical before this fact, if either party does not want to end, then there will be no divorce proceedings.
- They must be physically separated for a time, since there are different types of divorce, by law it is established that the couple must stop living together for a period of time.
- In addition, the divorce will take place in cases of infidelity, psychological violence, homosexual behavior, physical violence, alcoholism or any type of conduct that seriously affects the lives of some of those who make up the couple.
To effect the divorce, the civil registration of the document will be requested «Cessation of coexistence», This document will check how long they have been living in different places.
How to ask for a divorce
To carry out the divorce process effectively, you must have the following:
- Wedding certificate
- Wedding certificate
- List of goods
- Spouse’s home history
- Children’s certificate (if you have them)
- Other means that verify the facts before the Law
Causes of divorce in law
Taking into account that marriage is partly a contract between a man and a woman, it should be noted that it is a fact that it has obligations and rights that men and women must fulfill, but that when the marriage is consummated, the privileges with the that both enjoyed within marriage cease to exist.
The different causes of divorce can be:
- Great excess of discussions
- Have unrealistic expectations
- The great lack of commitment
- Economic problems
- Lack of communication
- Lack of equality in the relationship
- Lack of maturity to solve problems
- Get married early
- Incorrect interests
Over the years, divorce has become a major phenomenon for our society. In fact, in recent years there has been a large gradual decline in people getting married and, in turn, increasing divorces.
Was performed different types of studies where it is evident and verifies how divorces have been growing and increasing about 25% this last time. Likewise, the shared data from the United States clearly shows how between 40% and 60% of people who get married end up getting divorced.
These references show how complex love relationships are. In this way, it is completely that marriage relationships are too careful to be able to maintain them, thus avoiding divorce.
Types of divorce
In Chile, there are different types of divorces, which are classified in three ways to end a marriage:
- Unilateral divorce: This leads one of the spouses to want a divorce
- Unfair divorce: This applies in case of infidelity or for some type of violence
- Divorce by mutual agreement: This will be done in case any of the two, the man and the woman, wish to separate, being fully in agreement
The different types of divorces work and take place in different ways, each of them has its own number of deadlines, deadlines, procedures and prices.
- Unilateral divorce: This type of divorce is that only one person agrees to the consummation of the marriage. This type of divorce is one of the most complicated. It requires a series of agreements in which the spouse must remain, in addition to the large number of procedures that must be performed.
- Unfair divorce: This type of divorce applies when one of the spouses failed to comply with the commitment they signed before the competent authorities that made the marriage union official or some type of physical, psychological or verbal aggression occurred.
- Divorce by mutual agreement: It is one of the fastest marriages to dissolve since both man and woman enter into a mutual agreement to get the divorce done quickly, this type of divorce is called (express divorce), in this case the only thing that must be done is to request divorce and sign. Since both parties are in mutual agreement to make the separation quickly
The roles required to process the divorce process are simple, you must have the birth and marriage certificate, In case there are children in the relationship, the necessary requirements can be downloaded from the civil registry website, which can be done directly by those interested in initiating the divorce process.
Once the divorce trial has started, the rest of the documentation can be organized later to present each of the required documents.
How much does a divorce cost
The cost of a divorce is determined by what type of divorce is treated. Because each one is classified and therefore has different prices, as some of them have more time for testing and experimentation.
- Unilateral divorce: The price of this type of divorce can vary between $ 3ooooo and $ 450,000
- Unfair divorce: The price is around $ 350,000 to $ 600,000
- Divorce by mutual agreement: The price of this type of divorce is one of the cheapest and is around $ 250,000.
How long does the divorce process take
The time each divorce process takes is determined by the classification of the type of divorce, as each has its own delay time.
- Unilateral divorce: It has a period of at least 3 months (90 working days)
- Unfair divorce: Like the unilateral period, it has a 3-month term that results in 90 working days
- Commonly agreed divorce: This is one of those that happen almost immediately and takes a period of 30 days (1 month)
Effects of divorce
The various effects of divorces are immediately dissolved the marital effectsAll the civil effects of the marriage cease, the aid provided by both spouses ceases, with the execution of the divorce, all the civil effects cease, and the assets acquired in the matrimonial union are shared and shared equally.
Thus, the bond with the couple is legally terminated, in the case of children within the marriage, there are duties and rights of the spouses to support each other:
- All attorneys’ fees, notary expenses and the payment of treasury and charity taxes must be paid in the case of goods and expenses before the registration of the public deed in the corresponding notaries and public instruments
- The separated couple will not have any right to the inheritance, pension or patrimony that each one has built after the signing of the divorce certificate.
- One of the many consequences is the emotional, psychological and physical affectation of the child
On a personal level, divorce negatively affects the lives of those who are going through this bitter period in their lives. Strongly reaching self-esteem, leading the person to feel a failure, rejected and guilty for not having been able to maintain the loving relationship over time.
In the emotional realm. Men and women go through very painful and sometimes heartbreaking moments. Where feelings of insecurity, guilt, desire for revenge, fear of the future, anger, sadness, remorse, fear of loneliness arise.
In the family, the effects of divorce affect the whole family of both spouses, in the case of those who have children in the relationship, poor school performance, depression, aggressive reactions against teachers, friends and parents are often noticed and begin to manifest major problems of behavior
In economic terms, these different changes are the most noticeable when going through this process, since one of the spouses must be responsible for the expenses of the house, alimony, food, among others.
In parental matters, spouses may come to feel that they must assume the role of father and mother at the same time, which entails a greater weight of responsibility, since they must assume full responsibility for making decisions regarding their children, which include of disciplines. Where in different cases they can be manipulated by their children and have to accept behaviors and decisions from the ex-partner in which their opinions are often not taken into account.
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