Any person may separate or divorce after three months of marriage, just in case there is a risk to life, physical integrity, freedom, moral integrity or sexual freedom and indemnity plaintiff spouse or children of both or any of the members of the marriage may seek separation or divorce the day after the marriage.
That is, may be ordered judicial separation or divorce without there being any cause. Either spouse can start the process of separation or divorce with or without consent of the other.
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In the process of separation or divorce, the parties must be assisted by a lawyer or attorney and solicitor or solicitor, may be requested from office through legal aid provided acknowledgment of economic failure.
To apply for separation or divorce by mutual consent as both contentious, is competent Court of First Instance of the last domicile of the marriage or the residence of the defendant at the option of the person claiming the separation or divorce.
Separation and divorce by mutual consent
In case of separation or divorce by mutual consent, the spouses must sign a regulatory agreement that establishes a minimum custody, the custody of minor children, visitation and vacations with the parent who does not custodian, the alimony, the use of the marital home, and where appropriate, spousal alimony. Furthermore, the regulatory agreement may agree on other measures relevant to the family.
Separation and divorce is not mutual agreement or contentious
In the event that the spouses do not reach an agreement, will be the competent court to establish custody, the custody of the minors, visitation and holidays, food and use of the marital home, decision to be adopted on behalf of the minors, if any.
In the event that there are no children, but children as economically dependent elderly and live together in the family home, will be set alimony.
The alimony income will depend on who is obliged pay and the needs of the recipient, taking into account that must cover food, clothing, housing, education, health, leisure, and any other considered necessary.
Regarding the marital home when no offspring, the Court granted the use of the marital home to one of the spouses in the circumstances, his interest was the most in need of protection.
The spouse that separation or divorce will produce an economic imbalance in relation to the other's position, the Court may request a maintenance payment, which may be temporary or indefinite or a single supply, settling in judgment, taking into account the following circumstances: the agreements they had reached the spouses age and health status, professional qualifications and the likelihood of access to employment, the past and future commitment to the family, the work in collaboration with commercial activities , industrial or professional of the other spouse, the duration of marriage and married life, the eventual loss of a right to a pension, the flow and the financial means and needs of either spouse or any other relevant circumstances.
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The Court established the revaluation of maintenance both of the sons and daughters as agreed alimony ruling.
The judgment of separation and divorce dissolves the marriage economic system and recorded in the Civil Registry where the marriage registration record.