Divorces
The main differences between Divorce, separation and parental measures are:
Paternal and filial measures
The measures of the children are regulated, when their parents are not married. Children have exactly the same rights before the law and their parents, whether their parents are married or not.
Separation
The separation between the parties takes place (they stop living together) and the measures of the minors are regulated. The main feature of the separation is that the marriage does not appear as divorced in the Civil Registry
After some time, the couple can either get back together, and it is as if nothing had happened, or they can confirm their separation and formalize the divorce.
Divorce
The marriage is extinguished (the divorce is recorded in the Civil Register) and the measures of the minors are regulated.
The types of divorce proceedings that exist are:
Divorce before a notary
Very fast process (a few weeks) and very comfortable (the notary adapts to us the day and time we want to sign).
Here it is mandatory that the divorce is by mutual agreement and that there are no minor children in the marriage or economically independent adults.
Judicial Mutual Agreement Divorce Procedure
It is processed before the Court. Its duration can be approximately 3 months. The lawsuit is presented together with the Regulatory Agreement. Then a date is set for the ratification (a very simple procedure where the parties go to court to ratify that they have signed the agreement - it is not a trial). Sentence is dictated.
Judicial Contentious Divorce Procedure
The parties have not reached an agreement and the family measures are decided by a judge. It is a process that can last months, or even years, depending on the complexity and if there is a need to liquidate assets. A lawsuit is filed, the other party answers, we go to trial and a sentence is issued.
The points that are dealt with in the above procedures can be: Parental authority, Guardianship and Custody, alimony and extraordinary expenses, use of the family home, compensatory pension, dissolution and / or liquidation of community property or separation of property.
