Divorce by judicial means is done when:
- The spouses have minor children in common,
- Spouses have registered common or registered assets.
However, the Mutual Agreement Divorce proceeds when both spouses decide to carry their divorce in a friendly manner. That is, in the Judicial Divorce of Mutual Agreement both spouses, by means of a regulatory agreement, establish the rules and guidelines by which their relationship will be governed after the dissolution of the marriage. This regulatory agreement should contemplate the following points:
– The manifestation of the will and decision of both spouses on the divorce and their decision of stopping a life in common,
– Establish family assistance for the children, according to the needs of the beneficiaries and the economic resources and possibilities of the provider.
– Establish the custody or guardianship of the children and establish the visitation regime, and
– Establish the form of division and partition of common property.
1. The request for divorce of Mutual Agreement by the judicial process can be submitted by the spouse or by both, by itself or by means of their proxies, duly conferred with special power.
2. The following documents are enclosed in the divorce petition: The regulatory agreement, marriage certificate, birth certificates of the children, copies of the spouses’ identification documents, original or legalized photocopy of the power of attorney if you have a representative and a photocopy of your ID, and any other relevant documents.
3. It should be clarified that the regulatory agreement can be filed with the application or during the divorce process, until its approval in a sentence to be made at the hearing indicated by the Family Judge.
4. Once the request for divorce has been granted by the judicial authority and notified by both parties, the Family Public Judge shall summon the parties to appear within a period of (3) months, in order that the suit be ratified or resigned, setting the date and time of the hearing for the care of the divorce or disengagement process.
5. The parties to a mutual agreement have the right to waive the term of (3) months and request a day and time of hearing to resolve the divorce or separation process.
6. At the appointed date of the hearing, if the will of the plaintiffs persists to terminate the marriage or to divorce, a judgment shall be rendered declaring the marriage bond or free union dissolved and the divorce agreement shall be approved.
7. Our lawyers will assist you in each step of the process, giving you the option of not having to go to court.
Approximately 3 months minimum.