There are several kinds of divorces, which can mainly be summarized as follows:
Mutual Divorce Agreement
The Civil Marriage Law, requires a cessation of cohabitation of at least one year, which can be proved with residence certificate and any basic service account where the name of the spouse and his address appear which obviously should not coincide with the address of the other spouse. At the same time, the test of witnesses is substantial, which are questioned in the divorce trial by mutual agreement by the lawyers of the parties about the date of the cessation of cohabitation and about the fact of whether or not there was reconciliation between them.
It should be noted that in relation to marriages celebrated after November 17, 2004, in order to process a divorce, a certificate of cessation of cohabitation of at least one year of data signed in a notary (Notaría) or an act of cease of coexistence signed in the Civil Registry.
As a requirement, the demand for divorce by mutual agreement requires accompanying a full and sufficient agreement of the personal care of the minor children that the marriage has in common, alimony for the children, regime of direct and regular relationship (visits ). In addition, it must be declared in this agreement that there is no debt for major foods and establish in it an economic compensation or renounce it by mutual agreement.
Wrongful Divorce (Divorcio Culposo)
Unlike the other two types of divorce, the wrongful divorce, does not demand cessation of coexistence but a serious violation of the rights and duties imposed by the marriage, for example attack against life or physical or psychological violence, drug addiction, duty of fidelity, relief and the duty of cohabitation, among other duties.
Regarding the evidentiary aspect, it is important to note that these are obtained in violation of constitutional guarantees, for example, the right to privacy, because it is null and will not be considered by the judge.
The Unilateral Divorce requires a cessation of cohabitation of at least three years. In this trial it is not necessary to have regulated the direct and regular relationship (visits), with the children, nor the pensions of food, economic compensation, since these matters will be precisely resolved in the trial.
Other services related to the Divorce
- Food judgments
- Judgments of the Communal Regime (visits)
- Intrafamily Violence Trial
- Exit Country Authorization Trials
- Name / Last Name Change Trials
- Judgments of Declaration / Desafectación de Bien Familiar
- Personal Care Trials (Tuition)
- Trials of Parental Rights
- Paternity Trials