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Separations and divorces

Separations and divorces

When your relationship breaks for some reason, it is important to find a lawyer who knows how to help you manage that moment, mainly because in these cases emotionally you are not usually in a position to think objectively and make sound decisions, which is completely understandable, given the vulnerability of emotions at this time.

Some statistical data speak of divorce rates in the world being around 30 to 50%, however, in recent months there has been a significant upturn, which has been attributed to the quarantine and confinement that sustains in the world.

The stress of confinement, financial pressure, and conflicts in living together under these terms have become a trigger for relationships.

Many have managed to cope with all the pressure, but not all have had the same luck. The highest divorce rate leans towards young couples, however this storm has attacked everyone without distinction.

Before taking any legal action, it is recommended that you attend couples therapy through which you can make the family prevail, especially if you have children.

Any divorce or separation process is complex, therefore it is necessary to handle each decision with judgment and the appropriate advice and experience, since this entails emotional and family stability.

The first thing that you should take into account is all the implications that this decision has at the level of: housing, vehicle, furniture and appliances, children, pets, child support, legal custody and visitation regime, shared bank accounts, loans and mortgage, among others.

Factors that need to be defined before seeking legal advice in case of divorce/separation.

A divorce or separation are two different processes, which are handled from different perspectives, and although in both cases they speak of a breakdown in the relationship, both entail different actions and consequences at the couple level, which is why it is important to make a analysis of the implications and the decision you want to undertake.

The separation:

They are a process in which, despite breaking the coexistence, there is no definitive dissolution of the marriage bond, so that it is impossible for those involved to remarry as long as it does not legally become a divorce. In separations the process can be reversible, therefore, it is possible to leave it without effect and repair the relationship giving continuity to the marriage.

The divorce:

It is the definitive dissolution of the marriage bond, that is, this process is not reversible, since it is a process that must be very safe.

It is generally recommended, before reaching a divorce, to manage a separation, since it is very recurrent, that people led by the effusiveness of the discussions tend to repent and desist from the legal process. That is why before starting any legal process it is essential to be aware of this process, it is also the best option when there are doubts or there is no firm position regarding the separation.

" Family lawyers streamline these procedures by doing it in the most agile and least traumatic way possible for you. "

Jorge Postigo

What types of divorce can occur?

There are different types of divorce, depending on what the conditions of said process are and which also depend on some conditions such as whether or not there are children, whether both parties agree on the separation, and of course the causes of this determination.

Divorces are divided as follows.

  • Voluntary or mutually agreed divorce: it is one in which the parties involved go to the courts in common agreement to request the dissolution of their marriage bond, these cases are generally the fastest, since both parties express their desire to end the relationship, therefore, they should only reach the agreements of said divorce.
  • Administrative divorce, can also be by mutual agreement, but in this case it is done before the civil registry in which the marriage was contracted, this type of divorce applies only in the case of not having children in the marriage.
  • Oral or prosecuted divorce, this process is requested by one of the parties involved, and in which a lawsuit and a proposal, or agreement, must be filed before the competent courts.
  • Contentious divorce, occurs when only one of the parties is determined to end the marriage bond, in this case it is necessary to file a lawsuit before a competent judge, this can be one of the most expensive and long cases.

In general, it will always be faster and simpler, when agreements are reached by consensus, on the contrary, the processes can become long, complex and expensive.

Do I need to establish cause to file for divorce?

There are mainly two types of divorce causes, one of them is attributed irreconcilable differences, economic problems, discussions, unrealistic expectations, lack of problem solving skills, lack of commitment, inequalities in the roles of the relationship which are causes without intention.

The other cause of divorce may be for reasons with intention, where they may be, mistreatment or domestic violence, mistreatment or child violence, abuse, abandonment, infidelity, bigamy or adultery, among others.

What are the qualities that you should take into account when choosing an attorney for your separation or divorce

  • Family lawyers are the professionals indicated to deal with this type of case, not only because they are professionally prepared for this type of case, but they also have the experience and competence necessary to expedite this type of process, doing it in the most agile way. and less traumatic as possible for you.
  • You can probably think that hiring a single lawyer for both involved is a good alternative and a profitable choice, however, it is highly recommended that each person have a professional who watches over their rights, without their actions being biased or inclined towards one of the parts.

One of the reasons that makes this type of case more difficult is that it is dealing with people's emotions and the way they are dealt with, which is why the best way to handle a separation or divorce is to do it. in a friendly and consensual way, since the legal disputes in these cases are more painful and long.

Professional advice is essential in any of the cases, since the mishandling of this type of case can cause inconvenience in the process and also generate unnecessary expenses, problems and headaches in the future.

Have you ever been separated or divorced?, What was your legal experience like?, Did you go to a lawyer to mediate?