A no-deal divorce is a bad experience for both your health and your pocket. But it is also true, that it can be the starting point for you to have a more pleasant life in the future. Even if you plan to start the process soon or want to give your partner one last chance to try to reconcile, it is better that you know how the procedure unfolds to avoid unpleasant surprises.
The best person we recommend you pepper with questions is a specialist divorce attorney.
What is a contentious divorce?
The contentious divorce is the result of a disagreement between the parties, that is, it is distinguished from the divorce by mutual agreement in that in the case of contentious only one of the two spouses is the one who requests them. Other characteristics that mark the dispute consist in that it is much longer, expensive and complicated compared to that of mutual agreement.
You have to keep in mind that each of the parties will gather all the evidence that will help them justify her position in court. As a result, the procedure can take a long time.
Do not forget that, except for the case in which events related to domestic violence have occurred, you will not be able to file the lawsuit until three months have passed since the marriage was contracted, that is, since you got married.
What does the process of filing for divorce involve?
To begin with, before the divorce claim becomes effective, there is the possibility of requesting the judge to impose provisional measures that allow the development of a coexistence as normal as possible by those still married.
The claim will be processed by verbal trial. It should be noted that this demand will have to be accompanied by the following documentation:
- Marriage certificate.
- Documentation that allows the judge to decide on the patrimonial measures.
- In case you have children, a certificate of their births.
- General Powers for Lawsuits (for the lawyer and the attorney).
- Residence proving the address or registration certificate (not always required).
Afterwards, a hearing will be held in which the spouses will have to attend together with their lawyers and attorneys. If one of the parties decides not to attend, the conditions requested by the other party will be deemed approved. Likewise, the precise evidence will be provided.
In the event that the spouses have minor children, a report from the Public Prosecutor's Office will be obtained. The judge will listen to them as long as they are over twelve years old and even in cases in which they have not yet fulfilled them. Lastly, the judgment will approve or deny the divorce. In the first of the results, the consequences related to custody, visitation, housing and pension will be made explicit. It may be appealed through an appeal.
In conclusion, the complication of a no-deal divorce requires professional help, if you need a lawyer, we will help you.