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Can you go from an amicable divorce to a contentious one?

How are amicable divorce and contentious divorce?

Family Law
Can you go from an amicable divorce to a contentious one?

Today we are going to explain the alternatives to divorce in a friendly or unfriendly way.

Separation alternatives by mutual agreement or amicably

1. Extrajudicial route: What is express divorce?

In certain cases, the divorce can be managed out of court, which is commonly known as "express divorce". If the marriage has been contracted recently, the law of voluntary jurisdiction is a way of processing the separation or divorce reserved for requests by mutual agreement between the parties, provided that there are no non-emancipated minor children who depend on their parents.

It is a fast track through which the spouses can separate or divorce three months after the celebration of the marriage. It is managed before a notary, in order to grant a public deed, personally and assisted by a lawyer. It will have to state the will to separate or divorce and the measures that will govern the effects produced by the separation or divorce.

Among these effects, those agreements on the attribution of the use of the family home, the pension to which one of the spouses may be entitled, if there is a financial imbalance caused by the breakup and, when appropriate, the liquidation of the economic regime must be specified. .

2. When do you have to opt for the judicial route?

The judicial route is the only possible one, even when it is by mutual agreement, as long as there are minor children. This option can be quick, simple and economical, sufficing with the presentation of the lawsuit and the regulatory agreement for its subsequent ratification in the court of the last family domicile. Likewise, it has advantages such as lower costs, by allowing both spouses to be represented by the same solicitor and defended by the same lawyer.

What is a contentious divorce?

In this situation, only one of the spouses submits the claim, so no proposed measures to be adopted will be attached. It will be necessary to clarify in it the measures that must be adopted regarding the care and custody of the children, the visitation regime, alimony and compensatory pensions, etc. so that they are established by the judge in the sentence that decrees the divorce. This procedure is longer and more expensive and will be carried out according to the formalities of the verbal procedure.

Once the claim has been filed and answered by the other contracting party, the judge will summon the parties to a hearing, to which they must attend with their lawyers and solicitors. If there are minor children, the Public Prosecutor will also be a party.

Once the hearing has been held, the judge will dictate a sentence establishing the measures that will govern the relations of the spouses, as well as those of these with their children; and he will order that it be registered in the Civil Registry. You can also request its registration in the Land Registry in order to register the right to use the property attributed or in the Mercantile, if either spouse is an entrepreneur.

Can you go from a contentious divorce to an amicable one?

It is possible to change your mind during the divorce or separation process. If the spouses reach an agreement during the contentious procedure, it can be transformed into a mutual agreement procedure, that is, an amicable separation or divorce.

This change is achieved with the elaboration and presentation before the court of a regulatory agreement, through a separation or divorce petition by mutual agreement, which both spouses must confirm when requested by the court.

The exact opposite can also happen. Once a divorce procedure has been started by mutual agreement, one of the parties does not confirm the lawsuit and the agreement they presented before the court, so the mutual agreement procedure is archived and a contentious divorce procedure has to be initiated.

For this reason it is very important to contact a lawyer to prepare the agreement between the parties.

Family Law

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