Professional informations
Separations and divorces
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SEPARATIONS AND DIVORCES
The choice of the separation agreement is without doubt the most expeditious and less costly to put an end to their marriage.
It is based mainly in the spouses according that is manifested in the form expressed before the Court.
The average time to obtain a consensual separation (ie the time between the filing of the application and approval of the Court) is approximately 3 - 5 months, compared with a much longer period (2-3 years) to reach a kind of judicial separation.
Also in the case of judicial separation time can be further extended by appeal or a possible appeal.
After three years of separation from the separation day you can start the procedures for obtaining a divorce.
Again, the choice of joint divorce, greatly shortens the time and cost of the procedure.
The procedure for consensual separation (and that of joint divorce), is established with the presentation of an appeal to the Court of the place of residence or domicile of either spouse.
Filed the appeal, it is prepared and the file consists of office and the president of the court fixed by decree the hearing at which the spouses must appear in person (usually about three to four months after the submission of the application).
During that hearing must be exhausted trying to reconcile the spouses, whose success is an extremely rare event. In that case would be drafted minutes of conciliation which would be recorded in the will.
The most common hypothesis is that in which the parties renewed their determination to break the conditions referred to the application.
The Court performs a check of conformity between what is required in the application and the existing legislation in this area, paying particular attention to the care and custody and maintenance of offspring.
This is the approval, or control over compliance and compatibility of the separation agreements with law, is a procedure established office and marks the latest stage of the separation agreement, giving full effect to the agreements of separation.
Unlike the separation agreement, the court involves the establishment of a legal dispute.
Peculiarity of judicial separation, is the possibility of the charge for a separation of spouses.
Is possible that one of the spouses expressly ask the Court to declare the other spouse as the sole head of marital failure. Art. 151 of the Civil Code stipulates that "the Judge says, if they use the circumstances and being asked, which of the spouses is chargeable in the separation of its behavior contrary to the obligations arising from marriage."
There are several behaviors and events that may lead to charge for a separation. Apart from discounted cases of violence or commission of crimes by a spouse to the other (which in some cases even make it permissible for divorce immediately), there are other behaviors that are not finding a reference in media law, are evaluated by Courts for the charge of the separation among these include psychological harassment, refusal to exercise the sexual act, extreme jealousy, the attitude of most wealthy spouse who lost to another means of livelihood, etc..
Even as regards the divorce there is the possibility for spouses to establish a kind of joint, saving considerable time and money.
The appeal for divorce is presented jointly by the spouses when they passed three years after the separation occurred.(There are also cases in which you do not have to wait three years after the separation occurred, but not to treat short exposure).
The application must indicate the conditions of children and economic relations between spouses.
The Court will satisfy the conditions jointly agreed by the parties to the interests of children.
If the content of the appeal is deemed not to conform to the law or the offspring of the Court, after issuing the appropriate measures, appoint an investigating magistrate, who, through an ordinary court, will ensure compliance of terms agreed to the Law.
In this case, the court will become a routine with the obligation of defense technology.
Conversely, if the Court considers that the contents of the action is in accordance with law, will issue the decree of divorce.
