If you are having marital problems, you can either try to safe your marriage through counseling or if there´s no chance of solving your conflicts, you can decide to get a divorce.
When can you get a divorce?
There are two legal grounds for divorce, those are:
- A mental disease or a persistent unconsciousness of one of the spouses; or
- The irremediable breakdown of the marriage.
The irremediable breakdown of a marriage as a ground for divorce can be:
- The members of the marriage not living together for a period of one year.
- Domestic violence.
- Drug addiction or drunkenness, or
- The loss of affection or love between the members of the marriage.
In a divorce process it is not relevant who caused the marriage to end and it is not based on fault.
What about the children?
- Arrangements concerning the children born within the marriage, such as child sport and custody of the underage children, can be agreed upon by the spouses.
- If the members of the marriage are not able to agree upon the maintenance and living conditions of the children, a court will consider de circumstances of the mater and make a decision regarding the children. With the recommendations and observation of a family advocate.
- Both spouses can make arrangements about the distribution of the property.
- If this arrangements can´t be done for the spouses, the property will be divided based on the conditions of the marriage. This means, if the parts were married in community or out of community of property.
- The court has the discretion of making the division of the property in the manner it deems fit when the misbehavior of one of both of the spouses has been proven. One example of this can be, when one of the spouses shows signs of an abusive personality, being this the cause of the divorce process, then the court could make a decision to divided the property in a way that the abusing part get less than she or he would have been entitle to.
How can you get a divorce?
- A divorce can on by be grant for a High Court or a Regional Court.
- If a spouse wants to get divorce she or he has to start a procedure serving a summons on the other spouse.
- The other spouse has the choice to agree to the divorce process or to defend the divorce.
- An attorney will assist a spouse with the following procedures:
- Defending the divorce.
- The proper division of the property.
- Filling and serving of a summons.
- Contact, care and maintenance of the children.
- Spousal maintenance.
If you are considering to get a divorce you can find legal advice at https://www.ap-lawgroup.com/en/, this is a web with professional attorneys in disposition to provide you with the best council possible.
We all know that a divorce it´s not an easy thing to do and that is a hard decition to make, but if you are confident in the fact that your marriage is irremediably broken we are here to help you and advice you properly.