The divorce supposes the dissolution of the matrimonial bond. This implies that, in the case of reconciliation after the divorce, it would not produce legal effects, although the divorced will be able to contract a new marriage with each other. If you are about to divorce, it is important that you count as soon as possible with the advice of a Wilmington Divorce Lawyer.
Requirements and Procedures to follow:
Although the causes of divorce were formerly assessed, the current legislation does not require any cause for it, in this way, at present, the simple will of one of the spouses not to continue with the marriage is sufficient to obtain a divorce, without that an opposition of one of the parties is an obstacle for it.
As for the time that it is necessary that it passes from the celebration of the marriage to be able to urge the dissolution of the same, the law only demands that 3 months have passed since the matrimonial union was celebrated.
With regard to the procedure to be followed for processing, there are two clearly differentiated channels.
- Mutual agreement: It is a quicker, simpler and cheaper process, in which both parties reach an agreement on the effects of their divorce (guardianship and custody, alimony, compensatory pension, use of family home, etc. …).
In this case, the demand will be accompanied by a proposal for a regulatory agreement where the agreements that both parties have reached will be collected, without the need for a trial.
Among the many advantages of this process is the reduction in costs, by allowing both spouses to act represented with a single Attorney and defended by a single lawyer.
- Contentious: In case there is no agreement between the spouses, they must initiate a contentious divorce process in which the Judge himself will decide on the effects of his divorce.
The litigation procedure is initiated by filing a lawsuit by one of the parties, which will include a marriage certificate, birth certificate of the children, where appropriate, and all those documents that serve to prove both the economic situation of the parties as the suitability of each of them for the purpose of the exercise of custody of children.
Once the demand for divorce is filed, and after the answer to the same by the other party, the Judge will summon both spouses to a hearing or hearing, in which the practice of the tests that refer to events of those that depend on the pronouncements on the measures to be adopted regarding the custody of the children, the regime of visits of the non-custodial spouse, the use of the family home and the establishment of alimony or compensatory pensions.
Once the hearing has been held, the judge will issue a judgment approving the divorce of the spouses and establishing the measures that will govern the spouses’ relations with their spouses and their children from that moment. Against the sentence issued by the Court of First Instance, it will be possible to lodge an appeal before the Provincial Court.
The only difference between separation and divorce is that the separation produces the suspension of the common life of the married, having the reconciliation legal effects that entail the abandonment of what was agreed in the Separation. However, in order for the reconciliation to take effect, both spouses must separately inform the Judge.
When talking about the procedure to be followed as well as the requirements for separation, we must go to those already mentioned for divorce, previously detailed, since the law does not distinguish between the two in this respect.